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TENDER NO. 19Q/2018/19 SCM – 516 Approved by Branch Manager: 10/04/2017 Version: 3 Page 1 of 353 FRAMEWORK CONTRACT DOCUMENT (PANEL TYPE) FOR THE TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER Framework Contract Period: 36 Months from Commencement Date Works Projects : Section 1: Not exceeding R40 000 000 : Section 2: Not exceeding R40 000 000 : Section 3: Not exceeding R13 000 000 VOLUME 3 (RETURNABLE DOCUMENT) NOTE: The Form of Offer and Acceptance (C1.1) is on page 86 of this document Table 1: Preference Schedule (B-BBEE contribution) is on page 82 of this document ISSUED BY: COMPILED BY: For official use. TENDER SERIAL No.: SIGNATURES OF CITY OFFICIALS AT TENDER OPENING

CIDB MAJOR DOCUMENT - etenders.gov.za 51…  · Web viewCore rigs to drill up to 800m deep 3 6 Reverse Circulation drill rig for wide diameter boreholes of at least 500 mm diameter

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TENDER NO. 19Q/2018/19

SCM – 516

Approved by Branch Manager: 10/04/2017 Version: 3 Page 1 of 353

FRAMEWORK CONTRACT DOCUMENT (PANEL TYPE)

FOR THE

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFERFramework Contract Period: 36 Months from Commencement Date

Works Projects : Section 1: Not exceeding R40 000 000: Section 2: Not exceeding R40 000 000 : Section 3: Not exceeding R13 000 000

VOLUME 3(RETURNABLE DOCUMENT)

NOTE: The Form of Offer and Acceptance (C1.1) is on page 86 of this document Table 1: Preference Schedule (B-BBEE contribution) is on page 82 of this document

ISSUED BY:

DIRECTOR: WATER AND SANITATIONCITY OF CAPE TOWNTower Block, Civic Centre12 Hertzog BoulevardCAPE TOWN8001

COMPILED BY:

AURECON SOUTH AFRICA (PTY) LTDAurecon Centre1 Century City DriveWaterford PrecinctCENTURY CITY7441

For official use.

TENDER SERIAL No.:SIGNATURES OF CITY OFFICIALS AT TENDER OPENING

1.

2.

3.

July 2018

NAME OF TENDERING

ENTITY

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

General Tender Information

TENDER ADVERTISED : 20 July 2018

CIDB CONTRACTOR GRADINGDESIGNATION : Not applicable to this tender

SITE VISIT/CLARIFICATION MEETING : 10h00 on 1 August 2018(Not compulsory, but strongly recommended)

VENUE FOR SITE VISIT/CLARIFICATIONMEETING : Plattekloof Reservoir Operations Centre

Boardroom, Silwerboom Avenue, Plattekloof GPS coordinates: 33.8658° S, 18.5745° E

CLOSING DATE : 21 August 2018

CLOSING TIME : 10h00

CLOSING VENUE : Tender Box 163 at the Tender & Quotation Box Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town.

TENDER BOX : The Tender Document (which includes the Form of Offer and Acceptance) completed in all respects, plus any additional supporting documentation required, must be submitted in a sealed envelope with the name and address of the tenderer, the tender No. and title, the tender box No. and the closing date indicated on the envelope. The sealed envelope must be inserted into the appropriate official tender box before closing time.

If the tender offer is too large to fit into the abovementioned box or the box is full, please enquire at the public counter (Tender Distribution Office) for alternative instructions. The onus remains with the tenderer to ensure that the tender is placed in either the original box or as alternatively instructed.

Tender Contents

iii

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

Contents (Volume 3)Number Heading Colour Page No

The Tender

Part T1: Tendering procedures

T1.1 Tender Notice and Invitation to Tender White 2 to 3

T1.2 Tender Data Pink 4 to 36

Part T2: Returnable documents

T2.1 List of Returnable Documents Yellow 38

T2.2 Returnable Schedules Yellow 39 to 84

The Contract

Part C1: Agreements and Contract Data

C1.1 Form of Offer and Acceptance Cream 86 to 90

C1.2 Contract Data Cream 91 to 106

C1.3 Form of Performance Guarantee White 107 to 110

C1.4 Form of Advance Payment Guarantee White 111 to 114

C1.5 Occupational Health and Safety Agreement White 115

C1.6 Protection of the Environment Declaration White 116

C1.7 Insurance Broker’s Warranty White 117

C1.8 Contract of Temporary Employment as Community Liaison Officer White 118

C1.9 Works Project Acceptance/Refusal Notice White 119

Part C2: Pricing data

C2.1 Pricing Assumptions Cream 121 to 123

C2.2 Schedule of Rates Cream 124 to 182

Part C3: Scope of Work

C3.1 Description of the Works Blue 184 to 187

C3.2 Engineering Blue 188 to 189

C3.3 Procurement Blue 190 to 191

C3.4 Construction Blue 192 to 199

C3.5 Management Blue 200 to 297

C3.6 Specifications Blue 298 to 340

C3.7 Annexes Blue 341 to 347

C3.8 Drawings White 348 to 351

Part C4: Site information

C4 Site Information Green 353

Tender Contents

iv

Part T1: Tendering procedures

Pages

T1.1 Tender Notice and Invitation to Tender............................................2 – 3

T1.2 Tender Data.......................................................................................4 – 36

1Tender T1.1Part T1: Tendering procedures Tender Notice and Invitation to TenderReference No. 19Q/2018/19

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

T1.1 Tender Notice and Invitation to TenderThe CITY OF CAPE TOWN, WATER AND SANITATION, invites tenders for Tender No. 19Q/2018/19: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER.

Tenderers must be registered on Supplier Databases as described in the tender conditions.

Tenderers who are not registered on these Databases are not precluded from submitting tenders, but must however be registered upon being requested to do so in writing and within the period contained in such a request.

Tenderers are not required to be registered with the CIDB.

Preferences are offered to tenderers who tender in accordance with the Preferential Procurement Regulations, 2017.

The physical address for collection of tender documents is:

Tender Distribution Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town.

Documents may be collected during working hours between 08:30 – 15:00 from 20 July 2018. 

A non-refundable tender fee of R300.00 payable by crossed cheque made out in favour of the City of Cape Town, is required on collection of the tender documents.

Queries relating to any issues in these documents may be addressed to Mr M Halwiindi, Tel No. 021 400 6471, e-mail [email protected]

A non-compulsory but strongly recommended site visit/clarification meeting with representatives of the Employer will take place at the Plattekloof Reservoir Operations Centre Boardroom, Silwerboom Avenue, Plattekloof (Refer to Locality Plan – Site Visit/Clarification Meeting Venue overleaf) on 1 August 2018 starting at 10:00.

The closing time for receipt of tenders is 10:00 on 21 August 2018.

Telegraphic, telephonic, telex, facsimile, e-mail and late tenders will not be accepted.

Tenders may only be submitted on the tender documentation that has been issued. Printed Schedules of Rates, in the same format (that is, layout, scheduled items, units and quantities, if applicable) as those issued electronically by the Employer upon request, may be submitted as stated in the Tender Data.

Requirements for sealing, addressing, delivery, opening and assessment of tenders are stated in the Tender Data.

2Tender T1.1Part T1: Tendering procedures Tender Notice and Invitation to TenderReference No. 19Q/2018/19

CITY OF CAPE TOWNWATER AND SANITATIONCONTRACT NO. 19Q/2018/19TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

LOCALITY PLAN – SITE VISIT/CLARIFICATION MEETING VENUE

3Tender T1.1Part T1: Tendering procedures Tender Notice and Invitation to TenderReference No. 19Q/2018/19

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

T1.2 Tender DataThe conditions of tender for the Framework Contract are the Standard Conditions of Tender as contained in Annex F of Board Notice 136 of 2015 in Government Gazette No. 38960 of 10 July 2015, Construction Industry Development Board (CIDB) Standard for Uniformity in Construction Procurement. (see www.cidb.org.za) which are reproduced without amendment or alteration for the convenience of tenderers as an Annex to this Tender Data.

The Standard Conditions of Tender make several references to the Tender Data for details that apply specifically to this tender. The Tender Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the standard conditions of tender. Each item of data given below is cross-referenced to the clause in the Standard Conditions of Tender to which it mainly applies.

The following variations, amendments and additions to the Standard Conditions of Tender as set out in the Tender Data below shall apply to this tender:

Clause Tender Datanumber

F.1 GeneralF.1.1 ActionsF.1.1.1 Add the following:

The Employer is the City of Cape Town, represented by the Director: WATER AND SANITATION.

F.1.1.2 Add the following clauses after the first paragraph:The parties agree that this tender and its acceptance shall also be subject to the terms and conditions contained in the Employer’s Supply Chain Management Policy (‘SCM Policy’).

Abuse of the supply chain management system is not permitted and may result in actions as set out in the SCM Policy.

F.1.2 Tender DocumentsAdd the following:The following documents form part of this tender:

VOLUME 1 : The General Conditions of Contract for Construction Works, Third Edition, 2015, prepared by the South African Institution of Civil Engineering (SAICE). This publication is available and tenderers must obtain copies at their own cost from the South African Institution of Civil Engineering (SAICE), Private Bag X200, Halfway House 1685, Tel: (011) 805 5947, Fax: (011) 805 5971, e-mail: [email protected].

VOLUME 2 : The SANS Standardised Specifications for Civil Engineering Construction prepared by Standards South Africa. These publications are available and tenderers must obtain copies at their own cost from Standards South Africa, Private Bag X191, PRETORIA, 0001.

Volumes 1 and 2 may also be inspected, by appointment, at the offices of the Employer’s agent during normal office hours.

The tender documents issued by the Employer comprise:

VOLUME 3: The Framework Contract Document (this document, which may also be obtained in electronic format), in which is bound:The TenderPart T1: Tendering proceduresT1.1 Tender notice and invitation to tenderT1.2 Tender data

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Part T2: Returnable DocumentsT2.1 List of returnable documentsT2.2 Returnable schedulesThe ContractPart C1: Agreements and Contract Data C1.1 Form of offer and acceptanceC1.2 Contract dataC1.3 Form of Performance GuaranteeC1.4 Form of Advance Payment Guarantee C1.5 Occupational Health and Safety AgreementC1.6 Protection of the Environment DeclarationC1.7 Insurance Broker’s WarrantyC1.8 Contract of Temporary Employment as Community Liaison OfficerC1.9 Works Project Acceptance/Refusal NoticePart C2: Pricing DataC2.1 Pricing AssumptionsC2.2 Schedules of RatesPart C3: Scope of WorkC3.1 Description of the WorksC3.2 EngineeringC3.3 ProcurementC3.4 ConstructionC3.5 ManagementC3.6 SpecificationsC3.7 AnnexesC3.8 DrawingsPart C4: Site informationC4 Site information

VOLUME 4: Drawings (Not used – Refer to C3.8 in Volume 3)

VOLUME 5: The Works Project contract document (this is a separate document to be issued for each Works Project).

Volume 3 is deemed the “Returnable Document” which must be returned to the Employer in terms of submitting a tender offer.

Volume 5 is deemed the “Returnable Document” which must be returned to the Employer in terms of submitting an offer for a Works Project.

F1.3 InterpretationF.1.3.2 Delete the clause and replace with the following:

These conditions of tender, the tender data and tender schedules which are required for tender evaluation purposes, shall form part of any contract arising from the invitation to tender.

Add the following to F.1.3.3:F1.3.3 g) framework contract means the Framework Contract defined in Part C1.2 Contract Data

h) panel means Panel defined in Part C1.2 Contract Datai) Works Project means Works Project defined in Part C1.2 Contract Data.

F.1.4 Communication and employer’s agentDelete the first sentence of the clause and replace with the following:Verbal or any other form of communication, from the Employer, its employees, agents or advisors during site visits/clarification meetings or at any other time prior to the award of the Contract, will not be regarded as binding on the Employer, unless communicated by the Employer in writing to suppliers by its Director: Supply Chain Management or his nominee.

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The Employer’s agent is:

Name: Mr S Kleynhans

Address: Aurecon South Africa (Pty) LtdAurecon Centre1 Century City DriveWaterfront PrecinctCentury CityCAPE TOWN7441

Tel: 021 526 5776E-mail: [email protected]

F.1.5 Cancellation and Re-Invitation of TendersDelete the fulstop at the end of F.1.5.1 c) and replace with , orAdd the following after F.1.5.1 c):d) there is a material irregularity in the tender process.

F.1.6 Procurement procedures

F.1.6.1 GeneralAdd the following:For the purposes of this tender, three sections of work to be carried out within the City of Cape Town municipal area and surrounding areas (including up to Grabouw, Villiersdorp and Franschhoek) have been identified and are outlined in the table below.

Section Description Work Areas1 Shallow drilling in TMG Aquifer

(up to 500 m deep) Work Areas will be anywhere within the municipal area of the City of Cape Town, as well as surrounding areas (Grabouw, Villiersdorp, Franschhoek) – refer to the drawings in C3.8 for details of the areas.

2 Deep drilling in TMG Aquifer (> 500 m)

3 Horizontal drilling

The Employer intends to appoint a panel of three tenderers for each section, but reserves the right to appoint fewer tenderers to a panel, or not to appoint a panel at all, for a section or sections.

Awards will be made in terms of the tender evaluation ranking per section (refer to F.3.11.1).

Tenderers may elect to tender for all sections or less, as indicated by them in Returnable Schedule 19.

Contractors, once appointed and subject to operational requirements, will be invited to execute the Works by means of Works Projects in their respective section(s) on a rotational basis. The Employer reserves the right to interrupt the rotational basis if deemed necessary or warranted for the timeous execution of the programme.

Each Works Project shall be in the value range as indicated below: Sections 1 and 2: Not exceeding R40 000 000 (including contingencies and VAT, but

excluding contract price adjustment, if applicable); and Section 3: Not exceeding R13 000 000 (including contingencies and VAT, but excluding

contract price adjustment, if applicable).

The framework contract period shall be for a period of 36 months from the commencement date of the contract, as stated in Part C1.2 Contract Data.

F.1.6.2 Competitive negotiation procedureAdd the following to F.1.6.2:A competitive negotiation procedure will not be followed.

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F.1.6.3 Proposal procedure using the two-stage systemAdd the following to F.1.6.3:A two-stage system will not be followed.

Add the following after F.1.6.3.2.2

F.1.6.4 Objections, complaints, queries and disputes/ Appeals in terms of Section 62 of the Systems Act/ Access to court

F.1.6.4.1 Disputes, objections, complaints and queriesIn terms of Regulations 49 and 50 of the Local Government: Municipal Finance Management Act, 56 of 2003 – Municipal Supply Chain Management Regulations (Board Notice 868 of 2005):

a) Persons aggrieved by decisions or actions taken by the City of Cape Town in the implementation of its supply chain management system, may lodge within 14 days of the decision or action, a written objection or complaint or query or dispute against the decision or action.

F.1.6.4.2 Appealsa) In terms of Section 62 of the Local Government: Municipal Systems Act, 32 of 2000 a

person whose rights are affected by a decision taken by the City, may appeal against that decision by giving written notice of the appeal and reasons to the City Manager within 21 days of the date of the notification of the decision.

b) An appeal must contain the following:i) Must be in writingii) It must set out the reasons for the appealiii) It must state in which way the Appellant’s rights were affected by the decision;iv) It must state the remedy sought; andv) It must be accompanied with a copy of the notification advising the person of the

decision

F.1.6.4.3 Right to approach the courts and rights in terms of Promotion of Administrative Justice Act, 3 of 2000 and Promotion of Access to Information Act, 2 of 2000The sub- clauses above do not influence any affected person’s rights to approach the High Court at any time or its rights in terms of the Promotion of Administrative Justice Act and Promotion of Access to Information Act.

F.1.6.4.4 All requests referring to sub clauses F.1.6.4.1 and F.1.6.4.2 must be submitted in writing to:

The City Manager - C/o the Manager: Statutory Compliance Unit, Legal Services Department,

Corporate Services and Compliance Directorate

Via hand delivery at: 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001

Via post at: Private Bag X918, Cape Town, 8000

Via fax at: 021 400 5963 or 021 400 5830

Via email at: MSA. [email protected]

F.1.6.4.5 All requests referring to clause F.1.6.4.2 3 regarding access to information or reasons must be

submitted in writing to:

The City Manager - C/o the Manager: Statutory Compliance Unit, Legal Services Department,

Corporate Services and Compliance Directorate

Via hand delivery at: 20th Floor, Tower Block, 12 Hertzog Boulevard, Cape Town 8001

Via post at: Private Bag X918, Cape Town, 8000

Via fax at: 086 202 9982 or 021 400 5830

Via email at: [email protected]

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F.1.7 City of Cape Town Supplier Database RegistrationTenderers are required to be registered on the CCT Supplier Database as a service provider. Tenderers must register as such upon being requested to do so in writing and within the period contained in such a request, failing which no orders can be raised or payments processed from the resulting contract. In the case of Joint Venture partnerships this requirement will apply individually to each party of the Joint Venture.

Tenderers who wish to register on the City of Cape Town’s Supplier Database may collect registration forms from the Supplier Management Unit located within the Supplier Management / Registration Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5). Registration forms and related information are also available on the City of Cape Town’s website www.capetown.gov.za (follow the Supply Chain Management link to Supplier registration).

F.1.8 National Treasury Web Based Central Supplier Database (CSD) RegistrationTenderers are required to be registered on the National Treasury Web Based Central Supplier Database (CSD) as a service provider. Tenderers must register as such upon being requested to do so in writing and within the period contained in such a request, failing which no orders can be raised or payments processed from the resulting contract. In the case of Joint Venture partnerships this requirement will apply individually to each party of the Joint Venture.

Tenderers who wish to register on the National Treasury Web Based Central Supplier Database (CSD) may do so via the web address https://secure.csd.gov.za.

It is each tenderer’s responsibility to keep all the information on the National Treasury Web Based Central Supplier Database (CSD) updated.

F.2 Tenderer’s obligations

F.2.1 EligibilityDelete the heading Eligibility and Replace with Responsiveness Criteria

F.2.1.1 Delete the clause and replace with the following:Tenderers must submit a tender offer that complies in all aspects to the conditions as detailed in this document. Only those tenders that comply in all aspects with the tender conditions, specifications, pricing instructions and contract conditions will be declared responsive.

Add the following after F.2.1.2:F.2.1.3 Only those tender submissions from which it can be established that a clear and unambiguous offer

has been made to Employer, by whom the offer has been made and what the offer constitutes, will be declared responsive.

Add the following to F.2.1.1:F.2.1.4 Only those tenderers who satisfy the following criteria will be declared responsive:

F.2.1.4.1 Construction Industry Development Board (CIDB) RegistrationNot applicable to this tender.

F.2.1.4.2 Compliance with requirements of CCT SCM Policy and proceduresOnly those tenders that are compliant with the requirements below will be declared responsive:a) Full name of entity submitting tender to be provided;b) Identification number or company or other registration number to be provided;c) Tax reference number to be provided;d) VAT registration number (if any) to be provided;e) A completed Certificate of Authority for Partnerships/ Joint Ventures/ Consortiums to be

provided authorising the tender to be made and the signatory to sign the tender on the partnership /joint venture/consortium’s behalf (applicable schedule to be completed);

f) A copy of the partnership / joint venture / consortium agreement to be provided; g) A completed Declaration of Interest – State Employees to be provided and which does not

indicate any non-compliance with the legal requirements relating to state employees (applicable schedule to be completed);

h) A completed Declaration – Conflict of Interest and Declaration of Bidder’s past Supply Chain Management Practices to be provided and which does not indicate any conflict or past practises that renders the tender non-responsive (applicable schedules to be completed);

i) A completed Certificate of Independent Bid Determination to be provided and which does not indicate any non-compliance with the requirements of the schedule (applicable schedule to be completed);

Tender T1.2Part T1: Tendering procedures Tender DataReference No. 19Q/2018/19

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j) The tenderer (including any of its directors or members), has not been restricted in terms of abuse of the Supply Chain Management Policy;

k) The tenderer’s tax matters with SARS are in order;l) The tenderer is not an advisor or consultant contracted with the Employer; m) The tenderer is not a person, advisor, corporate entity or a director of such corporate entity,

involved with the bid specification committee.

F.2.1.4.3 Minimum score for functionality In order to be considered for a contract in terms of this tender, tenderers must achieve the minimum score for quality as stated below.

The description of the quality criteria and the maximum possible score for each section is shown in the tables below. The score achieved for quality will be the sum of the scores achieved, in the evaluation process, for each of the individual criteria per section of work.

Description of quality criteria Returnable schedules to be completed

Adequacy of available equipment appropriate to the size and nature of the work

Schedule 13

Qualifications and competency of key personnel in relation to the scope of works, including managerial ability and project management

Schedule 12

Demonstrated experience (past performance) in comparable projects with respect to drilling and/or testing of boreholes in the relevant geological formations (TMG, hard rock or comparable lithologies)

Schedule 9

Section Adequacy Personnel Experience Maximum points

1 Shallow drilling in TMG (up to 500m)

30 30 40 100

2 Deep drilling in TMG 30 30 40 100

3 Horizontal drilling 30 30 40 100

The minimum overall score for Quality is 70 for each section tendered. Tenderers that fail to achieve the minimum score for quality will be considered non-responsive.

The scoring referred to in the following tables will be used to determine the functionality points awarded.

It shall be noted that the tenderer is required to provide sufficient relevant information in or append to the Returnable Schedules 9, 12 and 13, and in the format required, in order to be awarded points.

Section 1: Shallow drilling in TMG (up to 500m)

Adequacy of available equipment for standard borehole drilling

Points/equipment Maximum Points per sub-criteria

Standard drilling rigs to drill boreholes of diameter up to 200mm to depths of 500m

5 10

Suitable rigs to drill boreholes of diameter up to 400 mm to depths of 200 m

5 5

Symmetrix or Odex technology 1 1

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Adequacy of available equipment for hydraulic testing

Points/equipment Maximum Points per sub-criteria

Testing rigs to test boreholes with rates >20 l/s 3 6

Testing rigs to test boreholes with rates between 5 and 20 l/s

3 6

Relevant equipment to rehabilitate boreholes 2 2

Personnel: Drilling activities

Qualification Relevant experienceType Points Years Points

Project Manager 4yr degree or BTech 1 >15 5

None 0 10-15 3

Drill crew leader – drilling rig

3yr diploma 2 >15 10

None 0 10-15 5

Personnel: Hydraulic testing activities

Qualification Professional accreditation

Relevant experience

Type Points Type Points Years PointsProject Manager 4yr degree or BTech 1 SACNA

SP1 >15 4

None 0 10-15 2

Crew leader (full time on Site)

3yr diploma 1 n/a 0 >15 5

None 0 10-15 3

Demonstrated experience with deep borehole drilling

Points/project Maximum Points per sub-criteria

Drilling contracts with value of R 12 million (excluding VAT) or higher

5 10

Drilling contracts with value of R 4 million up to R 12 million (excluding VAT)

3 6

Projects of drilling in TMG Aquifer or similar, under artesian conditions

3 12

Demonstrated experience with hydraulic testing

Points/project Maximum Points per sub-criteria

Hydraulic testing contracts with value of R 1 million (excluding VAT) or higher

3 9

Borehole rehabilitation contracts with value of R 1 million (excluding VAT) or higher

1 3

Section 2: Deep drilling in TMG

Adequacy of available equipment for deep borehole drilling

Points/equipment Maximum Points per sub-criteria

Core rigs to drill up to 800m deep 3 6Reverse Circulation drill rig for wide diameter boreholes of at least 500 mm diameter and up to depths of 800 m

4 4

Suitable rigs to drill wide diameter boreholes of at least 500 mm diameter and up to depths of 800 m

5 5

Water hammer or equivalent alternative technology

3 3

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Adequacy of available equipment for hydraulic testing

Points/equipment Maximum Points per sub-criteria

Testing rigs to test boreholes with rates >20 l/s 3 6

Testing rigs to test boreholes with rates between 5 and 20 l/s

2 4

Equipment for artesian flow testing 2 2

Personnel: Drilling activities

Qualification Relevant experienceType Points Years Points

Project Manager 4yr degree or BTech 1 >15 5

None 0 10-15 2

Drill crew leader – core drilling rig

3yr diploma 1 >15 5

None 0 10-15 2

Drill crew leader – percussion rig

3yr diploma 1 >15 5

None 0 10-15 2

Personnel: Hydraulic testing activities

Qualification Professional accreditation

Relevant experience

Type Points Type Points Years PointsProject Manager 4yr degree or BTech 1 SACNA

SP1 >15 4

None 0 10-15 2

Crew leader (full time on Site)

3yr diploma 1 n/a 0 >15 5

None 0 10-15 2

Demonstrated experience with deep borehole drilling

Points/project Maximum Points per sub-criteria

Drilling contracts with value of R 12 million (excluding VAT) or higher

5 10

Drilling contracts with value of R 4 million up to R 12 million (excluding VAT)

3 6

Projects of drilling in TMG Aquifer or similar, under artesian conditions

3 12

Demonstrated experience with hydraulic testing

Points/project Maximum Points per sub-criteria

Hydraulic testing contracts with value of R 1 million (excluding VAT) or higher

2 6

Projects of hydraulic testing in TMG or comparable confined fractured rock aquifers

1 3

Number of hydraulic tests under artesian conditions

1 3

Section 3: Horizontal drilling

Adequacy of available equipment for horizontal borehole drilling

Points/equipment Maximum Points per sub-criteria

Core rigs for horizontal drilling up to 400m deep 5 10Percussion rigs for horizontal drilling of 200mm (8”) diameter up to 400m deep

5 10

Water hammer or equivalent alternative technology to drill against artesian pressure

4 4

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Adequacy of available equipment for hydraulic testing

Points/equipment Maximum Points per sub-criteria

Equipment for artesian flow testing 3 6

Personnel: Drilling activities

Qualification Relevant experienceType Points Years Points

Project Manager 4yr degree or BTech 2 >15 10

None 0 10-15 5

Drill crew leader – drilling rig

3yr diploma 2 >15 10

None 0 10-15 5

Drill crew leader – hydraulic testing

3yr diploma 1 >15 5

None 0 10-15 3

Demonstrated experience with horizontal borehole drilling

Points/project Maximum Points per sub-criteria

Drilling contracts of similar nature with value of R 13 million (excluding VAT) or higher

5 10

Drilling contracts of similar nature with value of R 4 million up to R 13 million (excluding VAT)

3 9

Projects of drilling in hardrock environment 3 15

Projects of hydraulic testing of artesian boreholes 2 6

A more detailed explanation of the quality criteria is given below:

Adequacy of available equipment – Drilling

The critical equipment comprises core drilling rigs, percussion or other suitable rigs (e.g. reverse circulation), special drill bits etc., as well as all ancillary equipment necessary to undertake the work. A list and detailed description of all available equipment in the position or under control of the Tenderer including working conditions, possible drilling depth per rig and other relevant information, shall be provided in Schedule 13 of Part T2.2 : Returnable Schedules.

Adequacy of available equipment – Hydraulic Testing

The critical equipment comprises pumping rigs with positive displacement pumps of capacities between 5 l/s and 50 l/s, and or pumping rigs with submersible pumps of the same capacities, as well as all ancillary equipment necessary to undertake the work. A list and detailed description of all available equipment in the position or under control of the Tenderer of subcontractor including working conditions, possible installation depth per pump and other relevant information, shall be provided in Schedule 13 of Part T2.2 : Returnable Schedules.

Expertise of designated project managers

Previous projects in the past ten years similar to this specific Tender project (or project grouping) that have been successfully managed by the specific person(s) which will undertake this work must be detailed in Schedule 12 of Part T2.2 : Returnable Schedules. A CV for each of the key personnel must be included with the relevant project details. Tenderers shall highlight any particular fields of specialization and experience that is relevant to this particular project. Details of the degree or diploma, to be relevant to the fields of specialization and this particular project, must also be provided.

Expertise of key personnel doing on-site supervision

Previous projects in the past ten years similar to this specific Tender project (or project grouping) that have been successfully supervised by the specific person(s) who will supervise this work shall be detailed in Schedule 12 of Part T2.2 : Returnable Schedules. A CV for each of the key personnel shall be included with the relevant project details. Tenderers must highlight any particular fields of specialization and experience that is relevant to this particular project. Details of the degree or diploma, to be relevant to the fields of specialization and this particular project, must also be provided.

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Experience (familiarity) in the TMG terrain or comparable hard rock aquifers, similar projects in nature and size

A detailed summary list shall be provided in Schedule 9 of Part T2.2 : Returnable Schedules, providing details for contracts undertaken in the past 10 years related to the drilling of core and percussion boreholes, the geological formations in which drilling took place, details of hydraulic testing, etc. Sufficient details shall be provided in order to score tenderers based on the points criteria provided in the tables above.

F.2.1.4.4 Local ContentNot used.

F.2.1.4.5       Pre-qualification criteria for preferential procurementNot used.

F.2.3 Check documentsF.2.3 Delete the clause and replace with the following:

The Tenderer should check the tender documents on receipt for completeness, missing or duplicated pages, indistinct figures or writing and any obvious errors. The Tenderer must notify the Employer’s agent at once of any such problems identified.

F.2.7 Clarification meetingAdd the following:The arrangements for the site visit/clarification meeting are as stated on the General Tender Information page and in the Responsiveness Criteria (if applicable).

Tenderers should be represented at the site visit/clarification meeting by a person who is suitably qualified and experienced to comprehend the implications of the work involved.

F.2.8 Seek ClarificationAdd the following after the first sentence: The tenderer warrants that it has:

a) inspected the Specifications and read and fully understood the Conditions of Contract.b) read and fully understood the whole text of the Specifications and Price Schedule and

thoroughly acquainted itself with the nature of the goods proposed and generally of all matters which may influence the Contract.

c) visited the site(s) where delivery of the proposed works will take place, carefully examined existing conditions, the means of access to the site(s), the conditions under which the delivery is to be made, and acquainted itself with any limitations or restrictions that may be imposed by the Municipal or other Authorities in regard to access and transport of materials, plant and equipment to and from the site(s) and made the necessary provisions for any additional costs involved thereby.

d) requested the Employer to clarify the requirements contained in the Specifications and Price Schedule, the exact meaning or interpretation of which is not clearly intelligible to the tenderer.

e) received any notices to the tender documents which have been issued in accordance with the Employer’s SCM Policy.

The Employer will therefore not be liable for the payment of any extra costs resulting from any claim submitted by the tenderer arising from any alleged ambiguity or uncertainty contained in the tender document.

F.2.10 Pricing the tender offerAdd the following at the end of F.2.10.2:

F.2.10.2 (only applicable in respect of Works Projects).

Add the following new sub-clause after F.2.10.4:F.2.10.5 Provide rates for the items specified in Part C2.2 Schedules of Rates only for the sections tendered

for (refer to F.1.6.1). If a nil rate (i.e. “nil” or “0.00”) is entered against an item, it will be considered that there is no charge for that item.

Certain items in the Schedules of Rates may have been linked to minimum/maximum quantities to provide for differential pricing in respect of economies of scale. Where such rate categories have been provided a rate must be inserted in each category for such items.

If a rate is not provided for any item in the Schedules of Rates in those schedules for the section(s) tendered for, such item will be regarded as having a nil rate.

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The tenderer may be requested by the Employer to clarify nil rates or items regarded as having nil rates. The Employer may also perform a risk analysis in respect of such rates in accordance with F.3.11.10.

The rates shall also be used to evaluate tender offers in accordance with F.3.11.

F.2.12 Alternative tender offersDelete clauses F.2.12.1, F.2.12.2 and F.2.12.3 and replace with the following:

F.2.12.1 Alternative rates/tender offers will not be considered.

F.2.13 Submitting a tender offerAdd the following to F.2.13.1 at the end of the first sentence 1:

F.2.13.1 Where the tendering entity is a joint venture it is recommended that the standard CIDB Joint Venture Agreement be used.

Add the following to F.2.13.3 at the end of the first sentence:F.2.13.3 Parts of each tender offer communicated on paper shall be submitted as an original, plus 0

(nought) copies.

Add the following to F.2.13.5 at the end of the first sentence:F.2.13.5 The tender submission details are all described on the General Tender Information page.

Add the following to F.2.13.6:F.2.13.6 A two-envelope procedure will not be followed (F.3.5).

Add the following sub-clause after F.2.13.9:F.2.13.10 By signing the offer part of C1.1 Form of Offer and Acceptance the tenderer declares that all

information provided in the tender submission is true and correct.

F.2.13.11 The Employer shall not formally issue tender documents in electronic format and shall only issue tender documents in hardcopy. An electronic version of the issued tender documents may be made available to the tenderer, upon written request in terms of this clause, subject to the following:a) Electronic copies of the issued tender documents, or parts thereof, will only be provided to

tenderers who have been issued with the tender documents as contemplated in F.1.2 in hardcopy.

b) The electronic version shall not be regarded as a substitute for the issued tender documents.c) The Employer shall not accept tenders submitted in electronic format. Only those tenders that

have been completed on the issued hard copy tender document shall be considered, provided that printed Schedules of Rates, in the same format (that is, layout, billed items, etc.) as those issued electronically by the Employer, may be submitted with the tender as stated in F.2.13.2.

d) Where Addenda have been issued which amend the Schedules of Rates, then the printed Schedules of Rates shall take these into account. The pages of the issued Schedules of Rates should not be removed from the tender document.

e) The Employer accepts no responsibility or liability arising from any reliance on or use of the electronic version provided in terms of this clause. Tenderers are alerted to the fact that electronic versions of the tender documents may not reflect any notices or addenda that amend the tender document.

f) Any non-compliance with these provisions, including effecting any unauthorised alterations to the tender documents as contemplated in F.2.11, shall render the tender non-responsive. The Employer reserves the right to take any action against such tenderer allowed in law including, in circumstances where the tender had already been awarded, the right to cancel the contract.

g) In requesting the electronic version of the tender documents or parts thereof, the tenderer is deemed to have read, understood and accepted all of the above conditions.

F.2.15 Closing timeAdd the following to F.2.15.1 after the first sentence:

F.2.15.1 The closing time for submission of tender offers is as stated in the Tender Notice and Invitation to Tender.

F.2.16 Tender offer validityAdd the following to F.2.16.1 after the first sentence:

F.2.16.1 The tender offer validity period is 12 weeks (84 days). F.2.16.2 Delete the clause and replace with the following:

Tender offers shall be deemed to remain valid until formal acceptance by the Employer of an offer at any time after the expiry date of the original tender offer validity period, unless the Employer is notified in writing of anything to the contrary, including any further conditions, by the tenderer.

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Any further conditions introduced by the tenderer will be considered at the sole discretion of the Employer.

F.2.17 Clarification of tender offer after submissionAdd the following to F.2.17 at the end of the third sentence:A tender will be rejected as non-responsive if the tenderer fails to provide any clarification or supporting documentation requested by the Employer within the time for submission stated in the Employer’s written request for such clarification or documentation.

F.2.18 Provide other material Delete the following word in F.2.18.1:

F.2.18.1 notarized

Add the following to F.2.18.1 at the end of the first paragraph:F.2.18.1 Provide, on written request by the Employer, where the transaction value (estimated combined total

of prices for all possible Work Projects which may be allocated to the tenderer/contractor over the entire framework contract period) inclusive of VAT exceeds R 10 million:a) audited annual financial statement for the past 3 years, or for the period since establishment

if established during the past 3 years, if required by law to prepare annual financial statements for auditing;

b) a certificate signed by the tenderer certifying that the tenderer has no undisputed commitments for municipal services towards a municipality or other service provider in respect of which payment is overdue for more than 30 days;

c) particulars of any contracts awarded to the tenderer by an organ of state during the past five years, including particulars of any material non-compliance or dispute concerning the execution of such contract;

d) a statement indicating whether any portion of the goods or services are expected to be sourced from outside the Republic, and, if so, what portion and whether any portion of payment from the municipality or municipal entity is expected to be transferred out of the Republic.

Each party to a Consortium/Joint Venture shall submit separate certificates/statements in the above regard.

Add the following after F.2.18.2:F.2.18.3 Tenderers shall fully cooperate with the Employer’s external service provider appointed to perform

a due diligence review and risk assessment upon receipt of such written instruction from the Employer.

Failure to fully cooperate could result in a tender being declared as non-responsive.

F.2.18.4 Compliance with Occupational Health and Safety Act, 85 of 1993Tenderers are to note the requirements of the Occupational Health and Safety Act, 85 of 1993 and the Construction Regulations, 2014 issued in terms of Section 43 of the Act. The Tenderer shall be deemed to have read and fully understood the requirements of the above Act and Regulations and to have allowed for all costs in compliance therewith.

In this regard the Tenderer shall submit with his tender or upon request, appended to Schedule 16: Health and Safety Plan in T2.2 : Returnable Schedules, a draft Health and Safety Plan in respect of the Works in sufficient detail to demonstrate the necessary competencies and resources to perform the construction work all in accordance with the Act, Regulations and Health and Safety Specification in Part C3.5 Management in the Scope of Work.

F.2.23 CertificatesAdd the following:The tenderer is required to submit the following:

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F.2.23.1 Evidence of tax complianceTenderers shall be registered with the South African Revenue Service (SARS) and their tax affairs must be in order and they must be tax compliant. In this regard, it is the responsibility of the Tenderer to submit evidence in the form of a valid Tax Clearance Certificate issued by SARS to the Employer at the Supplier Management Unit located within the Supplier Management / Registration Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5), or included with this tender. The tenderer must also provide its Tax Compliance Status PIN number on the Compulsory Enterprise Questionnaire.

Each party to a Consortium/Joint Venture shall submit a separate Tax Clearance Certificate.

Tenderers are to note that the Employer will not award a contract to a Tenderer whose tax matters are not in order.

F.2.23.2 Broad-Based Black Economic Empowerment Status Level Documentation

In order to qualify for preference points, it is the responsibility of the tenderer to submit documentary proof, either as certificates, sworn affidavits or any other requirement prescribed in terms of the B-BBEE Act, of its B-BBEE status level of contribution in accordance with the applicable Codes of good practise as issued by the Department of Trade and Industry, to the CCT at the Supplier Management Unit located within the Supplier Management / Registration Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5) or included with the tender submission.

Consortiums/Joint Ventures will qualify for preference points, provided that the entity submits the relevant certificate/scorecard in accordance with the applicable codes of good practise.  Note that, in the case of unincorporated entities, a verified consolidated B-BBEE scorecard must be submitted in the form of a certificate with the tender.

Tenderers are further referred to the content of the Preference Schedule for the full terms and conditions applicable to the awarding of preference points.

The applicable code for this tender is the Amended Codes of Good Practise (Generic Scorecard) unless in possession of a valid sector certificate.

The tenderer shall indicate in Section 4 of the Preference Schedule the Level of Contribution in respect of the enterprise status or structure of the tendering entity (the supplier).

The Tenderer’s B-BBEE status as at the closing date for submission of framework tender offers will be used for determining preference points for the full duration of the term tender.

Add the follow new clause after F.2.23.2

F.2.24 Proposed Deviations and Qualifications

Where the tenderer cannot tender in all respects in accordance with the provisions contained in the tender documents, all deviations therefrom shall be clearly and separately listed in the schedule titled Proposed Deviations and Qualifications by Tenderer in T2.2 Returnable Schedules, or in a tenderer’s covering letter expressly referenced in this schedule.

The tenderer accept that the Employer will examine such deviations in terms of clause F.3.8.2 and shall not be bound to accept any such deviations or qualifications.

It must be clearly stated by the tenderer whether the sum tendered in the Tender Offer includes for all such deviations or qualifications listed or referred to in the schedule titled Proposed Deviations and Qualifications by Tenderer or not.

F.3 The Employer’s undertakings

F.3.2 Issue AddendaDelete the words “three days” from the first sentence and replace with:

“five working days where possible”

Add the following to F.3.2:Notwithstanding any requests for confirmation of receipt of Addenda issued, the tenderer shall be deemed to have received such addenda if the employer can show proof of transmission thereof (or a notice in respect thereof) via electronic mail, facsimile or registered post.

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F3.4 Opening of tender submissionsAdd the following to F.3.4.2 at the end of the paragraph:The location for opening of the tender offers is the Tender Submission Office at the address as stated on the General Tender Information page.

F.3.8 Test for responsiveness

F.3.8.2 Delete par F.3.8.2 (c)

Replace the final sentence of F.3.8.2 with the following:Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the material deviation.

Add the following after clause F.3.8.2F.3.8.3 The Employer reserves the right to accept a tender offer which does not, in the Employer’s opinion,

materially and/or substantially deviate from the terms, conditions, and specifications of the tender documents.

F.3.9 Arithmetical errors, omissions and discrepanciesDelete clause F.3.9 in its entirety and replace with the following:

F.3.9 Corrections to tendered ratesIn the event of tendered rates being declared by the Employer to be unacceptable to it because they are excessively high, the Tenderer may be required to produce evidence and advance arguments in support of the tendered rates objected to. If, after submission of such evidence and any further evidence requested, the Employer is still not satisfied with the tendered rates objected to, it reserves the right to negotiate such rates subject to the provisions of F.3.20.

In the event of tendered rates being declared by the Employer to be unacceptable to it because they are excessively low, such rates cannot be amended. In this regard the Employer may then perform a risk analysis in terms of F.3.11.10.

F.3.10 Clarification of a tender offerDelete the clause and replace with the following:

F3.10 The Employer may, after the closing date, request additional information or clarification from tenderer, in writing on any matter affecting the evaluation of the tender offer or that could give rise to ambiguity in a contract arising from the tender offer.

F.3.11 Evaluation of tender offers

Add the following paragraph below the heading:The preference point system applicable to this tender is the 80/20 preference point system.

F.3.11.1 General

Add the following after the first sentence:General procurement procedures specific to this tender are set out in F.1.6.1.

For the purposes of this tender, three sections of work to be carried out within the City of Cape Town municipal area and surrounding areas (Grabouw, Villiersdorp and Franschhoek) have been identified and are outlined in the table in F.1.6.1. The Employer shall create, for tender evaluation purposes, simulated (representative) Works Projects, indicative of the nature of works required in each section, and which shall include drilling in required diameters to required depth, installation of casing, borehole testing and including ancillary works.

The Employer shall have assigned quantities to the items in the Schedules of Rates necessary for the execution of the representative Works Projects in each section. The assigned quantities shall be multiplied by the tendered rates submitted by the tenderers to obtain amounts that will be totalled to provide a financial offer for each tenderer for the representative Works Projects. The financial offer per section shall be constituted by the sum of the representative Works Projects for each tenderer.

The value of the representative Works Projects for each section will be such that at least the lowest and up to three of the financial offers for Sections 1 and 2 will not exceed R 40 million and Section 3 will not exceed R 13 million (refer to F.1.6.1).

Based on the financial offers so constituted (as stated above), the responsive tenderers per section will be considered.

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Up to three tenderers may be appointed to a panel, per region (refer to F.1.6.1).

F.3.11.3(3) Add the following after par F.3.11.3(3):In addition, the following deemed B-BBEE Status Level of Contributor can be attained and such tenderers must be awarded the appropriate number of points:

In respect of Exempted Micro Enterprises (EMEs):

or, in respect of Qualifying Small Enterprises (QSEs):

F.3.11.3(5) Delete the heading and replace with the following:The 90/10 preference point system for acquisition of services, works or goods with a Rand value above R50 million

F.3.11.3(5)(a)(i) Delete the first sentence of par F.3.11.3(5)(a)(i) and replace with the following:(5) (a)(i) The following formula must be used to calculate the points for price in respect of tenders (including price tender) with a rand value above R50’000’000 (all applicable taxes included):

Delete the text under the formula and replace with the following:WherePs = Points scored for price of tender or offer under consideration; Pt = Price of tender or offer under consideration; andPmin = Price of lowest acceptable tender or offer.

F.3.11.3(5)(a) Amend the number of points for status level 3 as follows:

B-BBEE status level of contributor Number of points3 6

F.3.11.7 Delete the text in the final row of the table and replace with the following:

a Pm is the offer of the most favourable offer. P is the offer of the tender offer under consideration.

F.3.11.7 Scoring Financial OffersAdd the following:The financial offer will be scored using Formula 2 (Option 1).

F.3.11.8 Scoring PreferencesAdd the following:Points will be awarded to tenderers who are eligible for preferences in terms of the Preference Schedule (where preferences are granted in respect of B-BBEE contribution) which is included in T2.2 Returnable Schedules.

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Black Ownership of EME Deemed B-BBEE Status Level of Contributor

less than 51% 4at least 51% but less than 100% 2100% 1

Black Ownership of QSE Deemed B-BBEE Status Level of Contributor

at least 51% but less than 100% 2100% 1

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The terms and conditions of the Preference Schedule shall apply in all respects to the tender evaluation process and any subsequent framework or Works Project contracts, provided that the declaration in respect of sub-contractors in the Works Project Acceptance/Refusal Notice (refer to Part C1.9 herein) will supersede declaration 2 in Section 5 of the Preference Schedule.

Add the following new sub-clause after F.3.11.9:F.3.11.10 Risk Analysis

Notwithstanding compliance with regard to CIDB registration or any other requirements of the tender, the Employer will perform a risk analysis in respect of the following:a) reasonableness of the financial offerb) reasonableness of unit rates and prices

The conclusions drawn from this risk analysis will be used by the Employer in determining the acceptability of the tender offer in terms of F.3.13 b).

F3.13 Acceptance of tender offerDelete F.3.13 and replace with the following):Accept the tender offer, if in the opinion of the employer, it does not present any material risk and only if the tenderer:

Delete F.3.13 a) and replace with the following):a) is not under restrictions, has any principals who are under restrictions, or is not currently a

supplier to whom notice has been served for abuse of the supply chain management system., preventing participation in the employer’s procurement,

If an award cannot be made in terms of anything contained herein, the Employer reserves the right to consider the next ranked tenderer(s).

F.3.16 Notice to unsuccessful tenderersReplace the heading above with:Notice to successful and unsuccessful tenderers

Delete the clause and replace with the following:F.3.16.1 Before accepting the tenders of the successful tenderer(s) the Employer shall notify the successful

tenderer(s) in writing of the decision of the Employer’s Bid Adjudication Committee to award the tender to the successful tenderers. No rights shall accrue to the successful tenderers in terms of this notice.

Replace sub-clause F.3.16.2 with the following:F.3.16.2 The Employer shall, at the same time as notifying the successful tenderer(s) of the Bid Adjudication

Committee’s decision to award the tender to the successful tenderer(s), also give written notice to the other tenderers informing them that they have been unsuccessful.

F.3.17 Provide copies of the contractAdd the following:The number of paper copies of the signed contract to be provided by the Employer is one.

F.3.19 Add the following after F.3.19F.3.20 Negotiations with preferred tenderers

The Employer may negotiate the final terms of a contract with tenderers identified through a competitive tendering process as preferred tenderers provided that such negotiation:

a) does not allow any preferred tenderer a second or unfair opportunity;b) is not to the detriment of any other tenderer; andc) does not lead to a higher price than the tender as submitted.

If negotiations fail to result in acceptable contract terms, the City Manager (or his delegated authority) may terminate the negotiations and cancel the tender, or invite the next ranked tenderer for negotiations. The original preferred tenderer should be informed of the reasons for termination of the negotiations. If the decision is to invite the next highest ranked tenderer for negotiations, the failed earlier negotiations may not be reopened by the CCT

Minutes of any such negotiations shall be kept for record purposes.

The provisions of this clause will be equally applicable to any invitation to negotiate with any other tenderers.

In terms of the PPPFA Regulations, 2017, tenders must be cancelled in the event that negotiations fail to achieve a market related price with any of the three highest scoring tenderers.

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Annex F(normative)

Standard Conditions of Tender

F.1 General

F.1.1 Actions

F.1.1.1 The employer and each tenderer submitting a tender offer shall comply with these conditions of tender. In their dealings with each other, they shall discharge their duties and obligations as set out in F.2 and F.3, timeously and with integrity, and behave equitably, honestly and transparently, comply with all legal obligations and not engage in anticompetitive practices.

F.1.1.2 The employer and the tenderer and all their agents and employees involved in the tender process shall avoid conflicts of interest and where a conflict of interest is perceived or known, declare any such conflict of interest, indicating the nature of such conflict. Tenderers shall declare any potential conflict of interest in their tender submissions. Employees, agents and advisors of the employer shall declare any conflict of interest to whoever is responsible for overseeing the procurement process at the start of any deliberations relating to the procurement process or as soon as they become aware of such conflict, and abstain from any decisions where such conflict exists or recuse themselves from the procurement process, as appropriate.

Note: 1) A conflict of interest may arise due to a conflict of roles which might provide an incentive for improper acts in some circumstances. A conflict of interest can create an appearance of impropriety that can undermine confidence in the ability of that person to act properly in his or her position even if no improper acts result.

2) Conflicts of interest in respect of those engaged in the procurement process include direct, indirect or family interests in the tender or outcome of the procurement process and any personal bias, inclination, obligation, allegiance or loyalty which would in any way affect any decisions taken.

F.1.1.3 The employer shall not seek and a tenderer shall not submit a tender without having a firm intention and the capacity to proceed with the contract.

F.1.2 Tender Documents

The documents issued by the employer for the purpose of a tender offer are listed in the tender data.

F.1.3 Interpretation

F.1.3.1 The tender data and additional requirements contained in the tender schedules that are included in the returnable documents are deemed to be part of these conditions of tender.

F.1.3.2 These conditions of tender, the tender data and tender schedules which are only required for tender evaluation purposes, shall not form part of any contract arising from the invitation to tender.

F.1.3.3 For the purposes of these conditions of tender, the following definitions apply:

a) conflict of interest means any situation in which:i) someone in a position of trust has competing professional or personal interests which make it

difficult to fulfil his or her d u t i es i m p ar t i a lly ;

ii) an individual or organisation is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit; or

iii) incompatibility or contradictory interests exist between an employee and the organisation which employs that employee.

b) comparative offer means the price after the factors of a non-firm price and all unconditional discounts it can be utilised to have been taken into consideration;

c) corrupt practice means the offering, giving, receiving or soliciting of anything of value to influence the action of the employer or his staff or agents in the tender process;

d) fraudulent practice means the misrepresentation of the facts in order to influence the tender process or the award of a contract arising from a tender offer to the detriment of the employer, including collusive practices intended to establish prices at artificial levels;

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e) organization means a company, firm, enterprise, association or other legal entity, whether incorporated or not, or a public body;

f) functionality means the totality of features and characteristics of a product or service that bear on its ability to satisfy stated or implied needs.

F.1.4 Communication and employer’s agent

Each communication between the employer and a tenderer shall be to or from the employer's agent only, and in a form that can be readily read, copied and recorded. Communications shall be in the English language. The employer shall not take any responsibility for non- receipt of communications from or by a tenderer. The name and contact details of the employer’s agent are stated in the tender data.

F.1.5 Cancellation and Re-Invitation of Tenders

F1.5.1 An organ of state may, prior to the award of the tender, cancel a tender if-

(a) due to changed circumstances, there is no longer a need for the services, works or goods requested; or

(b) funds are no longer available to cover the total envisaged expenditure; or

(c) no acceptable tenders are received.

F1.5.2 The decision to cancel a tender must be published in the cidb website and in the government Tender Bulletin for the media in which the original tender invitation was advertised.

F.1.6 Procurement procedures

F.1.6.1 General

Unless otherwise stated in the tender data, a contract will, subject to F.3.13, be concluded with the tenderer who in terms of F.3.11 is the highest ranked or the tenderer scoring the highest number of tender evaluation points, as relevant, based on the tender submissions that are received at the closing time for tenders.

F.1.6.2 Competitive negotiation procedure

F.1.6.2.1 Where the tender data require that the competitive negotiation procedure is to be followed, tenderers shall submit tender offers in response to the proposed contract in the first round of submissions. Notwithstanding the requirements of F.3.4, the employer shall announce only the names of the tenderers who make a submission. The requirements of F.3.8 relating to the material deviations or qualifications which affect the competitive position of tenderers shall not apply.

F.1.6.2.2 All responsive tenderers, or not less than three responsive tenderers that are highest ranked in terms of the evaluation method and evaluation criteria stated in the tender data, shall be invited in each round to enter into competitive negotiations, based on the principle of equal treatment and keeping confidential the proposed solutions and associated information. Notwithstanding the provisions of F.2.17, the employer may request that tenders be clarified, specified and fine-tuned in order to improve a tenderer’s competitive position provided that such clarification, specification, fine-tuning or additional information does not alter any fundamental aspects of the offers or impose substantial new requirements which restrict or distort competition or have a discriminatory effect.

F.1.6.2.3 At the conclusion of each round of negotiations, tenderers shall be invited by the employer to make a fresh tender offer, based on the same evaluation criteria, with or without adjusted weightings. Tenderers shall be advised when they are to submit their best and final offer.

F.1.6.2.4 The contract shall be awarded in accordance with the provisions of F.3.11 andF.3.13 after tenderers have been requested to submit their best and final offer.

F.1.6.3 Proposal procedure using the two stage-system

F.1.6.3.1 Option 1

Tenderers shall in the first stage submit technical proposals and, if required, cost parameters around which a contract may be negotiated. The employer shall evaluate each responsive submission in terms of the method of evaluation stated in the tender data, and in the second stage negotiate a contract with the tenderer scoring the highest number of evaluation points and award the contract in terms of these conditions of tender.

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F.1.6.3.2 Option 2

F.1.6.3.2.1 Tenderers shall submit in the first stage only technical proposals. The employer shall invite all responsive tenderers to submit tender offers in the second stage, following the issuing of procurement documents.

F.1.6.3.2.2 The employer shall evaluate tenders received during the second stage in terms of the method of evaluation stated in the tender data, and award the contract in terms of these conditions of tender.

F.2 Tenderer’s obligations

F.2.1 Eligibility

F.2.1.1 Submit a tender offer only if the tenderer satisfies the criteria stated in the tender data and the tenderer, or any of his principals, is not under any restriction to do business with employer.

F.2.1.2 Notify the employer of any proposed material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used by the employer as the basis in a prior process to invite the tenderer to submit a tender offer and obtain the employer’s written approval to do so prior to the closing time for tenders.

F.2.2 Cost of tendering

F2.2.1 Accept that, unless otherwise stated in the tender data, the employer will not compensate the tenderer for any costs incurred in the preparation and submission of a tender offer, including the costs of any testing necessary to demonstrate that aspects of the offer complies with requirements.

F2.2.2 The cost of the tender documents charged by the employer shall be limited to the actual cost incurred by the employer for printing the documents. Employers must attempt to make available the tender documents on its website so as not to incur any costs pertaining to the printing of the tender documents.

F.2.3 Check documents

Check the tender documents on receipt for completeness and notify the employer of any discrepancy or omission.

F.2.4 Confidentiality and copyright of documents

Treat as confidential all matters arising in connection with the tender. Use and copy the documents issued by the employer only for the purpose of preparing and submitting a tender offer in response to the invitation.

F.2.5 Reference documents

Obtain, as necessary for submitting a tender offer, copies of the latest versions of standards, specifications, conditions of contract and other publications, which are not attached but which are incorporated into the tender documents by reference.

F.2.6 Acknowledge addenda

Acknowledge receipt of addenda to the tender documents, which the employer may issue, and if necessary apply for an extension to the closing time stated in the tender data, in order to take the addenda into account.

F.2.7 Clarification meeting

Attend, where required, a clarification meeting at which tenderers may familiarize themselves with aspects of the proposed work, services or supply and raise questions. Details of the meeting(s) are stated in the tender data.

F.2.8 Seek clarification

Request clarification of the tender documents, if necessary, by notifying the employer at least five working days before the closing time stated in the tender data.

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F.2.9 Insurance

Be aware that the extent of insurance to be provided by the employer (if any) might not be for the full cover required in terms of the conditions of contract identified in the contract data. The tenderer is advised to seek qualified advice regarding insurance.

F.2.10 Pricing the tender offer

F.2.10.1 Include in the rates, prices, and the tendered total of the prices (if any) all duties, taxes (except Value Added Tax (VAT), and other levies payable by the successful tenderer, such duties, taxes and levies being those applicable 14 days before the closing time stated in the tender data.

F2.10.2 Show VAT payable by the employer separately as an addition to the tendered total of the prices.

F.2.10.3 Provide rates and prices that are fixed for the duration of the contract and not subject to adjustment except as provided for in the conditions of contract identified in the contract data.

F.2.10.4 State the rates and prices in Rand unless instructed otherwise in the tender data. The conditions of contract identified in the contract data may provide for part payment in other currencies.

F.2.11 Alterations to documents

Do not make any alterations or additions to the tender documents, except to comply with instructions issued by the employer, or necessary to correct errors made by the tenderer. All signatories to the tender offer shall initial all such alterations.

F.2.12 Alternative tender offers

F.2.12.1 Unless otherwise stated in the tender data, submit alternative tender offers only if a main tender offer, strictly in accordance with all the requirements of the tender documents, is also submitted as well as a schedule that compares the requirements of the tender documents with the alternative requirements that are proposed.

F.2.12.2 Accept that an alternative tender offer may be based only on the criteria stated in the tender data or criteria otherwise acceptable to the employer.

F.2.12.3 An alternative tender offer may only be considered in the event that the main tender offer is the winning tender.

F.2.13 Submitting a tender offer

F.2.13.1 Submit one tender offer only, either as a single tendering entity or as a member in a joint venture to provide the whole of the works, services or supply identified in the contract data and described in the scope of works, unless stated otherwise in the tender data.

F.2.13.2 Return all returnable documents to the employer after completing them in their entirety, either electronically (if they were issued in electronic format) or by writing legibly in non-erasable ink.

F.2.13.3 Submit the parts of the tender offer communicated on paper as an original plus the number of copies stated in the tender data, with an English translation of any documentation in a language other than English, and the parts communicated electronically in the same format as they were issued by the employer.

F.2.13.4 Sign the original and all copies of the tender offer where required in terms of the tender data. The employer will hold all authorized signatories liable on behalf of the tenderer. Signatories for tenderers proposing to contract as joint ventures shall state which of the signatories is the lead partner whom the employer shall hold liable for the purpose of the tender offer.

F.2.13.5 Seal the original and each copy of the tender offer as separate packages marking the packages as "ORIGINAL" and "COPY". Each package shall state on the outside the employer's address and identification details stated in the tender data, as well as the tenderer's name and contact address.

F.2.13.6 Where a two-envelope system is required in terms of the tender data, place and seal the returnable documents listed in the tender data in an envelope marked ―financial proposal‖ and place the remaining returnable documents in an envelope marked ―technical proposal‖. Each envelope shall state on the outside the employer’s address and identification details stated in the tender data, as well as the tenderer's name and Tender T1.2Part T1: Tendering procedures Tender DataReference No. 19Q/2018/19

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contact address.

F.2.13.7 Seal the original tender offer and copy packages together in an outer package that states on the outside only the employer's address and identification details as stated in the tender data.

F.2.13.8 Accept that the employer will not assume any responsibility for the misplacement or premature opening of the tender offer if the outer package is not sealed and marked as stated.

F.2.13.9 Accept that tender offers submitted by facsimile or e-mail will be rejected by the employer, unless stated otherwise in the tender data.

F.2.14 Information and data to be completed in all respects

Accept that tender offers, which do not provide all the data or information requested completely and in the form required, may be regarded by the employer as non-responsive.

F.2.15 Closing time

F.2.15.1 Ensure that the employer receives the tender offer at the address specified in the tender data not later than the closing time stated in the tender data. Accept that proof of posting shall not be accepted as proof of delivery.

F.2.15.2 Accept that, if the employer extends the closing time stated in the tender data for any reason, the requirements of these conditions of tender apply equally to the extended deadline.

F.2.16 Tender offer validity

F.2.16.1 Hold the tender offer(s) valid for acceptance by the employer at any time during the validity period stated in the tender data after the closing time stated in the tender data.

F.2.16.2 If requested by the employer, consider extending the validity period stated in the tender data for an agreed additional period with or without any conditions attached to such extension.

F.2.16.3 Accept that a tender submission that has been submitted to the employer may only be withdrawn or substituted by giving the employer’s agent written notice before the closing time for tenders that a tender is to be withdrawn or substituted.

F.2.16.4 Where a tender submission is to be substituted, submit a substitute tender in accordance with the requirements of F.2.13 with the packages clearly marked as “SUBSTITUTE”.

F.2.17 Clarification of tender offer after submission

Provide clarification of a tender offer in response to a request to do so from the employer during the evaluation of tender offers. This may include providing a breakdown of rates or prices and correction of arithmetical errors by the adjustment of certain rates or item prices (or both). No change in the competitive position of tenderers or substance of the tender offer is sought, offered, or permitted.

Note: Sub-clause F.2.17 does not preclude the negotiation of the final terms of the contract with a preferred tenderer following a competitive selection process, should the Employer elect to do so.

F.2.18 Provide other material

F.2.18.1 Provide, on request by the employer, any other material that has a bearing on the tender offer, the tenderer’s commercial position (including notarized joint venture agreements), preferencing arrangements, or samples of materials, considered necessary by the employer for the purpose of a full and fair risk assessment. Should the tenderer not provide the material, or a satisfactory reason as to why it cannot be provided, by the time for submission stated in the employer’s request, the employer may regard the tender offer as non-responsive.

F.2.18.2 Dispose of samples of materials provided for evaluation by the employer, where required.

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F.2.19 Inspections, tests and analysis

Provide access during working hours to premises for inspections, tests and analysis as provided for in the tender data.

F.2.20 Submit securities, bonds and policies

If requested, submit for the employer’s acceptance before formation of the contract, all securities, bonds, guarantees, policies and certificates of insurance required in terms of the conditions of contract identified in the contract data.

F.2.21 Check final draft

Check the final draft of the contract provided by the employer within the time available for the employer to issue the contract.

F.2.22 Return of other tender documents

If so instructed by the employer, return all retained tender documents within 28 days after the expiry of the validity period stated in the tender data.

F.2.23 Certificates

Include in the tender submission or provide the employer with any certificates as stated in the tender data.

F.3 The employer’s undertakings

F.3.1 Respond to requests from the tendererF.3.1.1 Unless otherwise stated in the tender Data, respond to a request for clarification received up to five working days before the tender closing time stated in the Tender Data and notify all tenderers who drew procurement documents.

F.3.1.2 Consider any request to make a material change in the capabilities or formation of the tendering entity (or both) or any other criteria which formed part of the qualifying requirements used to prequalify a tenderer to submit a tender offer in terms of a previous procurement process and deny any such request if as a consequence:

a) an individual firm, or a joint venture as a whole, or any individual member of the joint venture fails to meet any of the collective or individual qualifying requirements;

b) the new partners to a joint venture were not prequalified in the first instance, either as individual firms or as another joint venture; or

c) in the opinion of the Employer, acceptance of the material change would compromise the outcome of the prequalification process.

F.3.2 Issue Addenda

If necessary, issue addenda that may amend or amplify the tender documents to each tenderer during the period from the date that tender documents are available until three days before the tender closing time stated in the Tender Data. If, as a result a tenderer applies for an extension to the closing time stated in the Tender Data, the Employer may grant such extension and, shall then notify all tenderers who drew documents.

F.3.3 Return late tender offers

Return tender offers received after the closing time stated in the Tender Data, unopened, (unless it is necessary to open a tender submission to obtain a forwarding address), to the tenderer concerned.

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F.3.4 Opening of tender submissions

F.3.4.1 Unless the two-envelope system is to be followed, open valid tender submissions in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data. Tender submissions for which acceptable reasons for withdrawal have been submitted will not be opened.

F.3.4.2 Announce at the meeting held immediately after the opening of tender submissions, at a venue indicated in the tender data, the name of each tenderer whose tender offer is opened and, where applicable, the total of his prices, number of points claimed for its BBBEE status level and time for completion for the main tender offer only.

F.3.4.3 Make available the record outlined in F.3.4.2 to all interested persons upon request.

F.3.5 Two-envelope system

F.3.5.1 Where stated in the tender data that a two-envelope system is to be followed, open only the technical proposal of valid tenders in the presence of tenderers’ agents who choose to attend at the time and place stated in the tender data and announce the name of each tenderer whose technical proposal is opened.

F.3.5.2 Evaluate functionality of the technical proposals offered by tenderers, then advise tenderers who remain in contention for the award of the contract of the time and place when the financial proposals will be opened. Open only the financial proposals of tenderers, who score in the functionality evaluation more than the minimum number of points for functionality stated in the tender data, and announce the score obtained for the technical proposals and the total price and any points claimed on BBBEE status level. Return unopened financial proposals to tenderers whose technical proposals failed to achieve the minimum number of points for functionality.

F.3.6 Non-disclosure

Not disclose to tenderers, or to any other person not officially concerned with such processes, information relating to the evaluation and comparison of tender offers, the final evaluation price and recommendations for the award of a contract, until after the award of the contract to the successful tenderer.

F.3.7 Grounds for rejection and disqualification

Determine whether there has been any effort by a tenderer to influence the processing of tender offers and instantly disqualify a tenderer (and his tender offer) if it is established that he engaged in corrupt or fraudulent practices.

F.3.8 Test for responsiveness

F.3.8.1 Determine, after opening and before detailed evaluation, whether each tender offer properly received:

a) complies with the requirements of these Conditions of Tender,b) has been properly and fully completed and signed, andc) is responsive to the other requirements of the tender documents.

F.3.8.2 A responsive tender is one that conforms to all the terms, conditions, and specifications of the tender documents without material deviation or qualification. A material deviation or qualification is one which, in the Employer's opinion, would:

a) detrimentally affect the scope, quality, or performance of the works, services or supply identified in the Scope of Work,

b) significantly change the Employer's or the tenderer's risks and responsibilities under the contract, orc) affect the competitive position of other tenderers presenting responsive tenders, if it were to be

rectified.

Reject a non-responsive tender offer, and not allow it to be subsequently made responsive by correction or withdrawal of the non-conforming deviation or reservation.

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F.3.9 Arithmetical errors, omissions and discrepancies

F.3.9.1 Check the highest ranked tender or tenderer with the highest number of tender evaluation points after the evaluation of tender offers in accordance with F.3.11 for:

a) the gross misplacement of the decimal point in any unit rate;b) omissions made in completing the pricing schedule or bills of quantities; orc) arithmetic errors in:

i) line item totals resulting from the product of a unit rate and a quantity in bills of quantities or schedules of prices; or

ii) the summation of the prices.

F3.9.2 The employer must correct the arithmetical errors in the following manner:

a) Where there is a discrepancy between the amounts in words and amounts in figures, the amount in words shall govern.

b) If bills of quantities or pricing schedules apply and there is an error in the line item total resulting from the product of the unit rate and the quantity, the line item total shall govern and the rate shall be corrected. Where there is an obviously gross misplacement of the decimal point in the unit rate, the line item total as quoted shall govern, and the unit rate shall be corrected.

c) Where there is an error in the total of the prices either as a result of other corrections required by this checking process or in the tenderer's addition of prices, the total of the prices shall govern and the tenderer will be asked to revise selected item prices (and their rates if bills of quantities apply) to achieve the tendered total of the prices.

Consider the rejection of a tender offer if the tenderer does not correct or accept the correction of the arithmetical error in the manner described above.

F.3.10 Clarification of a tender offer

Obtain clarification from a tenderer on any matter that could give rise to ambiguity in a contract arising from the tender offer.

F.3.11 Evaluation of tender offers

F.3.11.1 General

Appoint an evaluation panel of not less than three persons. Reduce each responsive tender offer to a comparative offer and evaluate them using the tender evaluation methods and associated evaluation criteria and weightings that are specified in the tender data.

F.3.11.2 Method 1: Price and Preference

In the case of a price and preference:

1) Score tender evaluation points for price2) Score points for BBBEE contribution3) Add the points scored for price and BBBEE.

F.3.11.3 Method 2: Functionality, Price and Preference

In the case of a functionality, price and preference:

1) Score functionality, rejecting all tender offers that fail to achieve the minimum number of points for functionality as stated in the Tender Data.

2) No tender must be regarded as an acceptable tender if it fails to achieve the minimum qualifying score for functionality as indicated in the tender invitation.

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terms of the preference points system prescribed in paragraphs 4 and 4 and 5 below.

The 80/20 preference point system for acquisition of services, works or goods up to Rand value of R1 million4) (a)(i) The following formula must be used to calculate the points for price in respect of tenders (including price tender) with a rand value equal to, or above R 30 000 and up to Rand value of R 1 000 000 ( all applicable taxes included):

WherePs = Points scored for comparative price of tender or offer under consideration; Pt = Comparative price of tender or offer under consideration; andPmin = Comparative price of lowest acceptable tender or offer.

(4) (a)(ii) An employer of state may apply the formula in paragraph (i) for price tenders with a value less than R30 000, if and when appropriate:

(4) (b) Subject to subparagraph(4)(c), points must be awarded to a tender for attaining the B-BBEE status level of contributor in accordance with the table below:

B-BBEE status level of contributor Number of points1 202 18

3 164 125 86 67 48 2Non-compliant contributor 0

(4) (c) A maximum of 20 points may be allocated in accordance with subparagraph (4)(b)

(4) (d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in subparagraph (4) (b) must be added to the points scored for price as calculated in accordance with subparagraph (4)(a).

(4) (e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.

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The 90/ 10 preference points system for acquisition of services, works or goods with a Rand value above R 1 million

(5)(a) The following formula must be used to calculate the points for price in respect of tenders with a Rand value above R1 000 000 (all applicable taxes included):

WherePs = Points scored for comparative price of tender or offer under consideration;

Pt = Comparative price of tender or offer under consideration; andPmin = Comparative price of lowest acceptable tender or offer.

(5)(b) Subject to subparagraph(5)(c), points must be awarded to a tender for attaining the B- BBEE status level of contributor in accordance with the table below:

B-BBEE status level of contributor Number of points1 10

2 93 84 5

5 46 37 28 1Non-compliant contributor 0

(5)(c) A maximum of 10 points may be allocated in accordance with subparagraph (5)(b).

(5)(d) The points scored by tender in respect of B-BBEE contribution contemplated in contemplated in subparagraph (5) (b) must be added to the points scored for price as calculated in accordance with subparagraph (5)(a).

(5)(e) Subject to paragraph 4.3.8 the contract must be awarded to the tender who scores the highest total number of points.

F.3.11.6 Decimal places

Score price, preference and functionality, as relevant, to two decimal places.

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F.3.11.7 Scoring Price

Score price of remaining responsive tender offers using the following formula:

NFO = W1 x A

where: NFO is the number of tender evaluation points awarded for price.W1 is the maximum possible number of tender evaluation points awarded for price as stated in the Tender Data.A is a number calculated using the formula and option described in Table F.1 as stated in the Tender Data.

Table F.1: Formulae for calculating the value of A

Formula Comparison aimed at achieving Option 1a Option 2 a

1 Highest price or discount A = (1 +( P - P m ))Pm

A = P / Pm

2 Lowest price or percentage commission / fee

A = (1 - (P - P m ))Pm

A = Pm / P

a Pm is the comparative offer of the most favourable comparative offer. P is the comparative offer of the tender offer under consideration.

F.3.11.8 Scoring preferences

Confirm that tenderers are eligible for the preferences claimed in accordance with the provisions of the tender data and reject all claims for preferences where tenderers are not eligible for such preferences.Calculate the total number of tender evaluation points for preferences claimed in accordance with the provisions of the tender data.

F.3.11.9 Scoring functionality

Score each of the criteria and sub criteria for quality in accordance with the provisions of the Tender Data.

Calculate the total number of tender evaluation points for quality using the following formula:

NQ = W2 x SO / MS

where: SO is the score for quality allocated to the submission under consideration; MS is the maximum possible score for quality in respect of a submission; andW2 is the maximum possible number of tender evaluation points awarded for the quality as stated in the tender data

F.3.12 Insurance provided by the employer

If requested by the proposed successful tenderer, submit for the tenderer's information the policies and / or certificates of insurance which the conditions of contract identified in the contract data, require the employer to provide.

F.3.13 Acceptance of tender offer

Accept the tender offer, if in the opinion of the employer, it does not present any risk and only if the tenderer:

a) is not under restrictions, or has principals who are under restrictions, preventing participating in the employer’s procurement,

b) can, as necessary and in relation to the proposed contract, demonstrate that he or she possesses the professional and technical qualifications, professional and technical competence, financial resources, equipment and other physical facilities, managerial capability, reliability, experience and reputation, expertise and the personnel, to perform the contract,

c) has the legal capacity to enter into the contract,d) is not insolvent, in receivership, under Business Rescue as provided for in chapter 6 of the Companies

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Act, 2008, bankrupt or being wound up, has his affairs administered by a court or a judicial officer, has suspended his business activities, or is subject to legal proceedings in respect of any of the foregoing,

e) complies with the legal requirements, if any, stated in the tender data, andf) is able, in the opinion of the employer, to perform the contract free of conflicts of interest.

F.3.14 Prepare contract documents

F.3.14.1 If necessary, revise documents that shall form part of the contract and that were issued by the employer as part of the tender documents to take account of:

a) addenda issued during the tender period,b) inclusion of some of the returnable documents, andc) other revisions agreed between the employer and the successful tenderer.

F.3.14.2 Complete the schedule of deviations attached to the form of offer and acceptance, if any.

F.3.15 Complete adjudicator's contract

Unless alternative arrangements have been agreed or otherwise provided for in the contract, arrange for both parties to complete formalities for appointing the selected adjudicator at the same time as the main contract is signed.

F.3.16 Notice to unsuccessful tenderers

F.3.16.1 Notify the successful tenderer of the employer's acceptance of his tender offer by completing and returning one copy of the form of offer and acceptance before the expiry of the validity period stated in the tender data, or agreed additional period.

F.3.16.2 After the successful tenderer has been notified of the employer’s acceptance of the tender, notify other tenderers that their tender offers have not been accepted.

F.3.17 Provide copies of the contracts

Provide to the successful tenderer the number of copies stated in the Tender Data of the signed copy of the contract as soon as possible after completion and signing of the form of offer and acceptance.

F.3.18 Provide written reasons for actions taken

Provide upon request written reasons to tenderers for any action that is taken in applying these conditions of tender, but withhold information which is not in the public interest to be divulged, which is considered to prejudice the legitimate commercial interests of tenderers or might prejudice fair competition between tenderers.

F3.19 Transparency in the procurement process

F3.19.1 The cidb prescripts require that tenders must be advertised and be registered on the cidb i.Tender system.

F3.19.2 The employer must adopt a transparency model that incorporates the disclosure and accountability as transparency requirements in the procurement process.

F3.19.3 The transparency model must identify the criteria for selection of projects, project information template and the threshold value of the projects to be disclosed in the public domain at various intervals of delivery of infrastructure projects.

F3.19.4 The client must publish the information on a quarterly basis which contains the following information: Procurement planning process

Procurement method and evaluation process

Contract type

Contract status

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Cost estimate

Contract title

Contract firm(s)

Contract price

Contract scope of work

Contract start date and duration

Contract evaluation reports

F3.19.5 The employer must establish a Consultative Forum which will conduct a random audit in the implementation of the transparency requirements in the procurement process.

F3.19.6 Consultative Forum must be an independent structure from the bid committees.

F3.19.7 The information must be published on the employer’s website.

F 3.19.8 Records of such disclosed information must be retained for audit purposes.

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Annex G(normative)

Alpha-numerics associated with the Contractor Grading Designations

Table G1: Contractor grading designations and associated parameters

Contractor Grading Designation Tender Value Range designation

Maximum value of contract that a contractor is considered capable of performing (R)

1 (class of construction works) 1 200 0002 (class of construction works) 2 650 0003 (class of construction works) 3 2 000 0004 (class of construction works) 4 4 000 0005 (class of construction works) 5 6 500 0006 (class of construction works) 6 13 000 0007 (class of construction works) 7 40 000 0008 (class of construction works) 8 130 000 0009 (class of construction works) 9 No Limit

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Table G2: Classes of construction work

Description Designation Definition Work types ExamplesCivilengineering works

CE Construction works that are primarily concerned with materials such as steel,concrete, earth and rock and their application in the development, extension, installation, maintenance, removal, renovation, alteration, or dismantling of building and engineeringinfrastructure

Water, sewerage, roads, railways, harbours and transport, urban development andmunicipal services

Structures such as a cooling tower, bridge, culvert, dam, grand stand, road, railway,reservoir, runway, swimming pool, silo or tunnelThe results of operations such as dredging, earthworks and geotechnical processes.Township services, water treatment and supply, sewerage works, sanitation, soil conservation works, irrigation works, storm-water and drainage works, coastal works,ports, harbours, airports and pipelines.

Electricalengineering works(Infrastructure)

EP Construction works that are primarily concerned with development, extension,installation, removal, renovation, alteration or dismantling of engineering infrastructure:

a) relating to the generation, transmission and distribution of electricity; or

Electrical power generation, transmission, control and distribution equipment andsystems.

Power generation Street and area lightingSubstations and protection systems Township Reticulations Transmission LinesSupervisory control and data acquisitionsystems

Electricalengineering works(buildings)

EB Construction works that are primarily concerned with the installation, extension, modification or repair of electrical installationsin or on any premises used for the transmission of electricity from a point of control to a point of consumption, including any article forming part of such an installation

All electrical equipment forming an integral and permanent part of buildings and/or structures, including any wiring, cablejointing and laying and electrical overhead line construction

Electrical installations in buildings Electrical reticulations within a plot of land (erf) or building siteStandby plant and uninterrupted power supplyVerification and certification of electrical installations on premises

Generalbuilding works

GB Construction works that:a) are primarily

concerned with the development, extension, installation,

renewal, renovation, alteration, ordismantling of a permanent shelter for its occupants or contents; orb) cannot be categorised in terms of

thedefinitions provided for civil engineering works, electrical engineering works, mechanical engineering works, or

Buildings and ancillary works other than those categorised as being:

a) civil engineering works;b) electrical engineering

works;c) mechanical engineering

works; ord) specialist works.

Buildings for domestic, industrial, institutional or commercial occupanciesCar portsFences other than classified as SS StoresWalls

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Description Designation Definition Work types ExamplesMechanicalengineering works

ME Construction works that are primarily concerned with the development, extension,installation, removal, alteration, renewal ofengineering infrastructure for gas transmission and distribution, solid wastedisposal, heating, ventilation and cooling, chemical works, metallurgical works, manufacturing, food processing and, materials handling

Machine systems including those relating to the environment of building interiors.

a) gas transmission and distributionsystems

b) pipelinesc) solid waste disposald) materials handling, lifting

machinery, heating, ventilation and cooling, pumps,

e) continuous process systemsf) chemical works, metallurgical

works, manufacturing, food processing such as that in concentrator machinery and apparatus, oil and gas wells, smelters, cyanide plants, acid plants, metallurgical machinery, equipment and apparatus, and works necessary for the beneficiation of metals, minerals, rocks, petroleum and organic substances or other chemical processes.

Air-conditioning and mechanical ventilation Boiler installations and steam distributionCentral heatingCentralised hot water generation Cranes and hoistsDust and sawdust extraction Compressed air, gas and vacuum installationsConveyor and materials handlinginstallationsContinuous process systems involving chemical works, metallurgical works, oil andgas wells, acid plants, metallurgicalmachinery, equipment and apparatus, and works necessary for the beneficiation of metals, minerals, rocks, petroleum and organic substances and other chemical processesKitchen equipment Laundry equipmentLift installations and escalatorsRefrigeration and cold rooms Waste handling systems (including compactors)

Specialistworks

SB

A subset of construction works identified and defined by the Board that involves specialist capabilities for its execution

The extension, installation, repair, maintenance or renewal, or removal, of asphaltSC The development, extension, installation, removal, and dismantling, as relevant, associated with

building excavations, shaft sinking and lateral earth supportSD The development, extension, installation, repair, renewal, removal, or alteration of corrosion

protection systems (cathodic, anodic and electrolytic)SE Demolition of buildings and engineering infrastructure and blastingSF The development, extension, installation, renewal, removal, renovation, alteration or dismantling of

fire prevention and protection infrastructure (drencher and sprinkler systems and fire installation)

SG The development, extension, installation, renewal, removal, renovation, alteration or dismantling of glazing, curtain walls and shop fronts

SH The development, extension, installation, maintenance, renewal. removal, alteration or dismantling, as relevant, of landscaping, irrigation and horticultural works

SI The development, extension, installation, repair, maintenance, renewal. removal, renovation, alteration or, dismantling of lifts, escalators, travellators and hoisting machinery

SJ The development, installation, removal, or dismantling, as relevant, of piles and other specialized foundations for buildings and structures

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Description Designation Definition Work types ExamplesSK

A subset of construction works identified and defined by the Board that involves specialist capabilities for its execution

The installation, renewal, removal, alteration or dismantling, as relevant, road markings and signage

SL The development, extension, installation, renewal. removal, renovation, alteration or dismantling of structural steelwork and scaffolding

SM Timber buildings and structuresSN The extension, installation, repair, maintenance, renewal, removal, renovation or alteration, as

relevant, of the waterproofing of basements, roofs and walls using specialist systems.SO The development, extension, installation, renewal, removal, alteration or dismantling or

demolition of water installations and soil and waste water drainage associated with buildings (wet services, plumbing)

SQ The development, extension, installation, repair, removal, alteration, dismantling or demolition of precast concrete or steel fencing

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Part T2: Returnable Documents

PagesT2.1 List of Returnable Documents...............................................................38

T2.2 Returnable Schedules....................................................................39 – 84

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37

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

T2.1 List of Returnable Documents The tenderer must complete the following Returnable Documents in non-erasable black ink:

1. Returnable Schedules that will be incorporated into the ContractPages

1: COMPULSORY ENTERPRISE QUESTIONNAIRE.............................................................................402: CERTIFICATE OF INDEPENDENT TENDER DETERMINATION.............................................41 – 42 3: CERTIFICATE OF AUTHORITY FOR JOINT VENTURES..................................................................434: DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8). 445: DECLARATION OF INTEREST – STATE EMPLOYEES (MBD 4).............................................45 – 46 6. AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO CCT..........477: DECLARATION IN RESPECT OF COMPLIANCE WITH LABOUR LEGISLATION............................488: CONFIRMATION OF CCT SUPPLIER DATABASE REGISTRATION................................................499: SCHEDULE OF WORK EXPERIENCE OF TENDERER ...........................................................50 – 52 10: SCHEDULE OF EQUIPMENT INSTALLATIONS AND SERVICE HISTORY .....................................5311: CONFIRMATION OF CONTRACTOR REGISTRATION / ACCREDITATION ................. 5412: DETAILS OF QUALIFICATIONS AND EXPERIENCE OF STAFF ....... 55 – 57 13: SCHEDULE OF CONSTRUCTION EQUIPMENT ......................................................................58 – 6314: DETAILS OF TENDERER’S WORKSHOP FACILITIES..............................................................64 – 6615: SCHEDULE OF SUBCONTRACTORS.......................................................................................67 – 69 16: HEALTH AND SAFETY PLAN.............................................................................................................7017: PROPOSED DEVIATIONS AND QUALIFICATIONS BY TENDERER.......................................71 – 73 18: FUNCTIONALITY CRITERIA ..............................................................................................................7419: SECTIONS TENDERED FOR .............................................................................................................7520: DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED

SECTORS (Not used).........................................................................................................................76 21: PRICE BASIS FOR IMPORTED PLANT AND MATERIALS …...................................................7722: RECORD OF ADDENDA TO TENDER DOCUMENTS.......................................................................7823: PREFERENCE SCHEDULE (where preferences are granted in respect of B-BBEE contribution) 79 – 8224: INFORMATION TO BE PROVIDED WITH THE TENDER(Not used).....................................................8325: SCHEDULE OF PRE-QUALIFICATION CRITERIA SUB-CONTRACTORS...........................................84

2. Other documents required for tender evaluation purposes a)Joint Venture Agreement (if applicable) - append to Schedule 3.b)Health and Safety Plan - append to Schedule 16.c) Functionality Criteria - append to Schedule 18.

3. C1.1 The offer portion of the C1.1 Form of Offer and Acceptance

4. C1.2 Contract Data (Part 2)

5. C2.2 Schedules of Rates

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

T2.2 Returnable Schedules

NOTE: Certain of the following Returnable Schedules, amended as applicable, will also have to be completed for each Works Project.

In respect of the Preference Schedule, which is not included in the Works Project contract document(s) (owing to the fact that the contractor’s B-BBEE status level of contribution used will be that which was used in the framework contract tender evaluation), such document(s) do make provision in the Works Project Acceptance/Refusal Notice (refer to Part C1.9 herein) for the declaration in respect of sub-contractors to be made therein and which, as stated elsewhere in such document(s), will supersede declaration 2 in Section 5 of the Preference Schedule made in the framework contract.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 1 : COMPULSORY ENTERPRISE QUESTIONNAIRE

The following particulars must be furnished. In the case of a joint venture, separate enterprise questionnaires in respect of each partner must be completed and submitted.

Section 1: Name of enterprise: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2: VAT registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 2a: National Treasury Central Supplier Database registration number : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Section 2b: SARS Tax Compliance Status PIN : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Section 3: cidb registration number, if any: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 4: Particulars of sole proprietors and partners in partnerships

* Complete only if sole proprietor or partnership and attach separate page if more than 3 partners

Section 5: Particulars of companies and close corporations

Company registration number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Close corporation number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tax reference number . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .The undersigned, who warrants that he / she is duly authorised to do so on behalf of the enterprise:i) authorizes the Employer to obtain a tax clearance certificate from the South African Revenue Services

that my / our tax matters are in order;ii) confirms that the neither the name of the enterprise or the name of any partner, manager, director or other

person, who wholly or partly exercises, or may exercise, control over the enterprise appears on the Register of Tender Defaulters established in terms of the Prevention and Combating of Corrupt ActivitiesAct of 2004 or Database of Restricted Suppliers;

iii) confirms that no partner, member, director or other person, who wholly or partly exercises, or may exercise, control over the enterprise appears, has within the last five years been convicted of fraud or corruption;

iv) confirms that I / we are not associated, linked or involved with any other tendering entities submitting tender offers and have no other relationship with any of the tenderers or those responsible for compiling the scope of work that could cause or be interpreted as a conflict of interest; and

iv) confirms that the contents of this questionnaire are within my personal knowledge and are to the best ofmy belief both true and correct.

Signed Date

Name Position

Enterprisename

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 2 : CERTIFICATE OF INDEPENDENT TENDER DETERMINATION

I, the undersigned, in submitting this tender for Contract No. 19Q/2018/19: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

in response to the invitation for the tender made by the City of Cape Town, do hereby make the following statements that I certify to be true and complete in every respect:

I certify, on behalf of:_________________________________________________________________________ that:

(Name of Tenderer)

1. I have read and I understand the contents of this Certificate;

2. I understand that this tender will be disqualified if this Certificate is found not to be true and complete in

every respect;

3. I am authorized by the tenderer to sign this Certificate, and to submit this tender on behalf of the tenderer;

4. Each person whose signature appears on this tender has been authorized by the tenderer to determine

the terms of, and to sign, the tender, on behalf of the tenderer;

5. For the purposes of this Certificate and this tender, I understand that the word “competitor” shall include

any individual or organization, other than the tenderer whether or not affiliated with the tenderer, who:

(a) has been requested to submit a tender in response to this invitation to tender;

(b) could potentially submit a tender in response to this invitation to tender, based on their qualifications,

abilities or experience; and

(c) provides the same goods and services as the tenderer and/or is in the same line of business as the

tenderer;

6. The tenderer has arrived at this tender independently from, and without consultation, communication,

agreement or arrangement with any competitor. However, communication between partners in a joint

venture or consortium1 will not be construed as collusive tendering;

7. In particular, without limiting the generality of paragraph 6 above, there has been no consultation,

communication, agreement or arrangement with any competitor regarding:

(a) prices;

(b) geographical area where product or service will be rendered (market allocation);

(c) methods, factors or formulas used to calculate prices;

(d) the intention or decision to submit or not to submit a tender;

(e) the submission of a tender which does not meet the specifications and conditions of the tender; or

(f) tendering with the intention not to win the tender;1Joint venture or Consortium means an association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

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8. In addition, there have been no consultations, communications, agreements or arrangements with any

competitor regarding the quality, quantity, specifications and conditions or delivery particulars of the

products or services to which this invitation to tender relates;

9. The terms of this tender have not been, and will not be, disclosed by the tenderer, directly or indirectly, to

any competitor, prior to the date and time of the official tender opening or of the awarding of the contract;

10. I am aware that , in addition and without prejudice to any other remedy provided to combat any restrictive

practices related to tenders and contracts, tenders that are suspicious will be reported to the Competition

Commission for investigation and possible imposition of administrative penalties in terms of section 59 of

the Competition Act No. 89 of 1998 and or may be reported to the National Prosecuting Authority (NPA)

for criminal investigation and or may be restricted from conducting business with the public sector for a

period not exceeding ten (10) years in terms of the Prevention and Combating of Corrupt Activities Act No.

12 of 2004 or any other applicable legislation.

...................................................................................... ......................................................... Signature Date

...................................................................................... .........................................................Name Position

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 3 : CERTIFICATE OF AUTHORITY FOR JOINT VENTURES

This returnable schedule is to be completed by joint ventures.

We, the undersigned, are submitting this tender offer in joint venture and hereby authorize

Mr/Ms .....................................................................................................................................................................................

....................................................................................................................................authorised signatory of the company,

close corporation or partnership ............................................................................................................................................

........................................................................................................................................................... , acting in the capacity of lead partner, to sign all documents in connection with the tender offer and any contract resulting from it on our behalf.

NAME OF FIRM ADDRESS DULY AUTORISED SIGNATORY

Lead partner

Signature…………………..

Name………………………

Designation………………..

Signature…………………..

Name………………………

Designation………………..

Signature…………………..

Name………………………

Designation………………..

Signature…………………..

Name………………………

Designation………………..

Note :

A copy of the Joint Venture Agreement, showing clearly the percentage contribution of each partner to the joint venture, shall be appended to this schedule.

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CITY OF CAPE TOWN

WATER AND SANITATIONCONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 4: DECLARATION OF TENDERER’S PAST SUPPLY CHAIN MANAGEMENT PRACTICES (MBD 8)Where the entity tendering is a joint venture, each party to the joint venture must sign a declaration in terms of the Municipal Finance Management Act, 56 of 2003, and attach it to this schedule.

1 The tender offer of any tenderer may be rejected if that tenderer or any of its directors/members have:a) abused the municipality’s / municipal entity’s supply chain management system or committed any

improper conduct in relation to such system;b) been convicted for fraud or corruption during the past five years;c) willfully neglected, reneged on or failed to comply with any government, municipal or other public

sector contract during the past five years; ord) been listed in the Register for Tender Defaulters in terms of section 29 of the Prevention and

Combating of Corrupt Activities Act (No 12 of 2004).2 In order to give effect to the above, the following questionnaire must be completed and submitted with

the bid.Item Question Yes No1.1 Is the Tenderer or any of its directors listed on the National Treasury’s Database of Restricted

Suppliers as a company or person prohibited from doing business with the public sector?

(Companies or persons who are listed on this Database were informed in writing of this restriction by the Accounting Officer/Authority of the institution that imposed the restriction after the audi alteram partem rule was applied).The Database of Restricted Suppliers now resides on the National Treasury’s website www.treasury.gov.za and can be accessed by clicking on its link at the bottom of the home page.

Yes No

1.1.1 If so, furnish particulars:

1.2 Is the Tenderer or any of its directors listed on the Register for Tender Defaulters in terms of section 29 of the Prevention and Combating of Corrupt Activities Act, 12 of 2004?The Register for Tender Defaulters can be accessed on the National Treasury’s website (www.treasury.gov.za) by clicking on its link at the bottom of the home page.

Yes No

1.2.1 If so, furnish particulars:

1.3 Was the Tenderer or any of its directors convicted by a court of law (including a court of law outside the Republic of South Africa) for fraud or corruption during the past five years?

Yes No

1.3.1 If so, furnish particulars:

1.4 Does the Tenderer or any of its directors owe any municipal rates and taxes or municipal charges to the municipality / municipal entity, or to any other municipality / municipal entity, that is in arrears for more than three months?

Yes No

1.4.1 If so, furnish particulars:

1.5 Was any contract between the Tenderer and the municipality / municipal entity or any other organ of state terminated during the past five years on account of failure to perform on or comply with the contract?

Yes No

1.5.1 If so, furnish particulars:

I, ___________________________________________________________________________, the undersigned, (full name in block letters)

certify that the information furnished on this declaration form is true and correct, and accept that, in addition to cancellation of a contract, action may be taken against me should this declaration prove to be false.

……………………………………….................. ……………………………………………………………..Signature Date

………………………………………………….. ……………………………………………………………..Position Name of Tenderer/ContractorWhere the entity tendering is a joint venture, each party to the joint venture must sign a declaration in terms of the Municipal Finance Management Act, 56 of 2003, and attach it to this schedule.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 5: DECLARATION OF INTEREST – STATE EMPLOYEES (MBD 4)

1. No bid will be accepted from persons in the service of the state¹.

2. Any person, having a kinship with persons in the service of the state, including a blood relationship, may make an offer or offers in terms of this invitation to bid. In view of possible allegations of favouritism, should the resulting bid, or part thereof, be awarded to persons connected with or related to persons in service of the state, it is required that the tenderer or their authorised representative declare their position in relation to the evaluating/adjudicating authority.

3 In order to give effect to the above, the following questionnaire must be completed and submitted with the bid.

3.1 Full Name of tenderer or his or her representative:……………………………………………..

3.2 Identity Number: ………………………………………………………………………………….

3.3 Position occupied in the Company (director, trustee, shareholder²):………………………..

3.4 Company or Close Corporation Registration Number: ……………………………………………

3.5 Tax Reference Number:…………………………………………………………………………

3.6 VAT Registration Number: ……………………………………………………………………

3.7 The names of all directors / trustees / shareholders members, their individual identity numbers and state employee numbers must be indicated in paragraph 4 below.

3.8 Are you presently in the service of the state? YES / NO

3.8.1 If yes, furnish particulars. ….…………………………………………………………………………………………..

…………………………………………………………………………………………………….

3.9 Have you been in the service of the state for the past twelve months? YES / NO

3.9.1 If yes, furnish particulars.………………………...……………………………………………….…………………………………………………………

……………………………………………………………………………………………………………………………………

3.10 Do you have any relationship (family, friend, other) with persons in the service of the state and who may be involved with the evaluation and or adjudication of this bid? YES / NO

3.10.1 If yes, furnish particulars.…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

3.11 Are you, aware of any relationship (family, friend, other) between any other supplier and any persons in the service of the state who may be involved with the evaluation and or adjudication of this bid? YES / NO

3.11.1 If yes, furnish particulars………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………

3.12 Are any of the company’s directors, trustees, managers, principle shareholders or stakeholders in service of the state? YES / NO

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3.12.1 If yes, furnish particulars.……………………………………………………………………………….3.13 Are any spouse, child or parent of the company’s directors, trustees, managers, principle shareholders or

stakeholders in service of the state? YES / NO

3.13.1 If yes, furnish particulars.……………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………

13.4 Do you or any of the directors, trustees, managers, principle shareholders, or stakeholders of this company have any interest in any other related companies or business whether or not they are bidding for this contract? YES / NO

3.14.1 If yes, furnish particulars:……………………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………………

4. Full details of directors / trustees / members / shareholders.

Full Name Identity Number State Employee Number

The tenderer hereby certifies that the information set out in this schedule and/or attached thereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract, restriction of the tenderer or the exercise by the employer of any other remedies available to it

________________________________________ ______________________________________Signature Date

________________________________________Name (PRINT)(For and on behalf of the tenderer, duly authorised)

¹MSCM Regulations: “in the service of the state” means to be –(a) a member of –

(i)any municipal council;(ii) any provincial legislature; or(iii) the national Assembly or the national Council of provinces;

(b) a member of the board of directors of any municipal entity;(c) an official of any municipality or municipal entity;(d) an employee of any national or provincial department, national or provincial public entity or constitutional institution

within the meaning of the Public Finance Management Act, 1999 (Act No.1 of 1999);(e) an executive member of the accounting authority of any national or provincial public entity; or(f) an employee of Parliament or a provincial legislature.

² Shareholder” means a person who owns shares in the company and is actively involved in the management of the company or business and exercises control over the company.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 6: AUTHORISATION FOR THE DEDUCTION OF OUTSTANDING AMOUNTS OWED TO THE CITY OF CAPE TOWN

To: THE CITY MANAGER, CITY OF CAPE TOWN

From: _______________________________________________________________(Name of tenderer)

The tenderer:

a) hereby acknowledges that according to SCM Regulation 38(1)(d)(i) the City Manager may reject the tender of the tenderer if any municipal rates and taxes or municipal service charges owed by the tenderer (or any of its directors/members/partners) to the CCT, or to any other municipality or municipal entity, are in arrears for more than 3 (three) months; and

b) therefore hereby agrees and authorises the CCT to deduct the full amount outstanding by the Tenderer or any of its directors/members/partners from any payment due to the tenderer; and

c) confirms the information as set out in the tables below for the purpose of giving effect to b) above;

The tenderer hereby certifies that the information set out in this schedule and/or attached hereto is true and correct, and acknowledges that failure to properly and truthfully complete this schedule may result in steps being taken against the tenderer, the tender being disqualified, and/or (in the event that the tenderer is successful) the cancellation of the contract and/or steps in terms of the abuse of the Supply Chain Management Policy.

Physical Business address of the Tenderer Municipal Account number(s)

If there is not enough space for all the names, please attach the additional details to the Contract Document

Name of Director / Member / Partner Identity Number Physical residential address of

Director / Member / Partner Municipal

Account number(s)

___________________________________ ___________________________________Signature Print name: DateOn behalf of the tenderer (duly authorised)

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 7: DECLARATION IN RESPECT OF COMPLIANCE WITH LABOUR LEGISLATION

Declaration in respect of labour legislation

The tenderer, by signing this schedule, declares that it will comply with all labour legislation, as may be applicable.

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 8: CONFIRMATION OF CITY OF CAPE TOWN SUPPLIER DATABASE REGISTRATION

CITY OF CAPE TOWN VENDOR DATABASE REGISTRATION

COMPANY NAME REGISTEREDYES/NO

REGISTRATION NUMBER IF APPLICABLE

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 9: SCHEDULE OF WORK EXPERIENCE OF TENDERER

The tenderer shall insert in the spaces provided below a list of similar completed contracts awarded to him and those currently being undertaken.

SECTION 1: SHALLOW DRILLING IN THE TMG AQUIFER (LESS THAN 500 M)

EMPLOYER(NAME, TEL No.AND FAX No.)

CONSULTING ENGINEER

(NAME, TEL No.AND FAX No.)

NATURE OF WORKVALUE OF

WORKR(m)

COMPLETIONDATE

COMPLETED CONTRACTS (SECTION 1)

CURRENT CONTRACTS (SECTION 1)

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 2: DEEP DRILLING IN THE TMG AQUIFER (MORE THAN 500 M)

EMPLOYER(NAME, TEL No.AND FAX No.)

CONSULTING ENGINEER

(NAME, TEL No.AND FAX No.)

NATURE OF WORKVALUE OF

WORKR(m)

COMPLETIONDATE

COMPLETED CONTRACTS (SECTION 2)

CURRENT CONTRACTS (SECTION 2)

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 3: HORIZONTAL DRILLING

EMPLOYER(NAME, TEL No.AND FAX No.)

CONSULTING ENGINEER

(NAME, TEL No.AND FAX No.)

NATURE OF WORKVALUE OF

WORKR(m)

COMPLETIONDATE

COMPLETED CONTRACTS (SECTION 4)

CURRENT CONTRACTS (SECTION 4)

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 10: SCHEDULE OF EQUIPMENT INSTALLATIONS AND SERVICE HISTORY

Not applicable to this tender.

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 11: CONFIRMATION OF CONTRACTOR REGISTRATION / ACCREDITATION

OHSAS 18001

Where an Occupational Health and Safety (OHS) Management System has been approved in terms of OHSAS 18001, state registration certificate number and standard.

Certificate No: ………………………………………………………………………………………………………………

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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55

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 12: DETAILS OF QUALIFICATIONS AND STAFF EXPERIENCE OF STAFF

Tenderers shall set out in the Schedule hereunder details of the listed staff’s experience in work of a similar nature to that for which their Tender is submitted.

SECTION 1: SHALLOW DRILLING IN THE TMG AQUIFER (LESS THAN 500 M)

SITE AGENT / CONSTRUCTION MANAGER

NAME: ………………………………………………………NQF LEVEL…………

CONTRACT & CLIENT NATURE OF WORK POSITION HELD

VALUE OF WORK

YEAR COMPLETED

GENERAL FOREMAN/CONSTRUCTION

SUPERVISOR NAME: ………………………………………………………NQF LEVEL…………

CONTRACT & CLIENT NATURE OF WORK POSITION HELD

VALUE OF WORK

YEAR COMPLETED

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 2: DEEP DRILLING IN THE TMG AQUIFER (MORE THAN 500 M)

SITE AGENT / CONSTRUCTION MANAGER

NAME: ………………………………………………………NQF LEVEL…………

CONTRACT & CLIENT NATURE OF WORK POSITION HELD

VALUE OF WORK

YEAR COMPLETED

GENERAL FOREMAN/CONSTRUCTION

SUPERVISOR NAME: ………………………………………………………NQF LEVEL…………

CONTRACT & CLIENT NATURE OF WORK POSITION HELD

VALUE OF WORK

YEAR COMPLETED

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 3: HORIZONTAL DRILLING

SITE AGENT / CONSTRUCTION MANAGER

NAME: ………………………………………………………NQF LEVEL…………

CONTRACT & CLIENT NATURE OF WORK POSITION HELD

VALUE OF WORK

YEAR COMPLETED

GENERAL FOREMAN/CONSTRUCTION

SUPERVISOR NAME: ………………………………………………………NQF LEVEL…………

CONTRACT & CLIENT NATURE OF WORK POSITION HELD

VALUE OF WORK

YEAR COMPLETED

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

SIGNED ON BEHALF OF THE TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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58

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 13: SCHEDULE OF CONSTRUCTION EQUIPMENT

The tenderer shall state below what construction equipment will be available for this Contract. The tenderer shall differentiate, if applicable, between construction equipment immediately available and construction equipment which will become available by virtue of outstanding orders, and indicate what further construction equipment will be acquired or hired for the work should he be awarded the Contract.

SECTION 1: SHALLOW DRILLING IN TMG AQUIFER (LESS THAN 500 M)

CONSTRUCTION EQUIPMENT IMMEDIATELY AVAILABLE: SECTION 1

DESCRIPTION, SIZE, CAPACITY NUMBER

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CONSTRUCTION EQUIPMENT ON ORDER: SECTION 1

(State details of arrangements made, with delivery dates)

DESCRIPTION, SIZE, CAPACITY NUMBER

CONSTRUCTION EQUIPMENT THAT WILL BE ACQUIRED OR HIRED: SECTION 1

(State details of delivery arrangements)

DESCRIPTION, SIZE, CAPACITY NUMBER

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 2: DEEP DRILLING IN TMG AQUIFER (MORE THAN 500 M)

CONSTRUCTION EQUIPMENT IMMEDIATELY AVAILABLE: SECTION 2

DESCRIPTION, SIZE, CAPACITY NUMBER

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CONSTRUCTION EQUIPMENT ON ORDER: SECTION 2

(State details of arrangements made, with delivery dates)

DESCRIPTION, SIZE, CAPACITY NUMBER

CONSTRUCTION EQUIPMENT THAT WILL BE ACQUIRED OR HIRED: SECTION 2

(State details of delivery arrangements)

DESCRIPTION, SIZE, CAPACITY NUMBER

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 3: HORIZONTAL DRILLING

CONSTRUCTION EQUIPMENT IMMEDIATELY AVAILABLE: SECTION 3

DESCRIPTION, SIZE, CAPACITY NUMBER

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CONSTRUCTION EQUIPMENT ON ORDER: SECTION 3

(State details of arrangements made, with delivery dates)

DESCRIPTION, SIZE, CAPACITY NUMBER

CONSTRUCTION EQUIPMENT THAT WILL BE ACQUIRED OR HIRED: SECTION 3

(State details of delivery arrangements)

DESCRIPTION, SIZE, CAPACITY NUMBER

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 14: DETAILS OF TENDERER’S WORKSHOP FACILITIES

SECTION 1: SHALLOW DRILLING IN TMG AQUIFER (LESS THAN 500 M)

The tenderer shall state below what technical support centres and repair facilities for the tenderer and/or manufacturer will be available for this Contract and for post contract support.

Technical Support Centre:..........................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Repair facilities:..........................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Address......................................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Number of Artisans NormallyEmployed by Firm ...................................................................................................................................................

...................................................................................................................................................

Number of Technically QualifiedPersons Employed ................................................................................................................................................

Spares held in stock:

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 2: DEEP DRILLING IN TMG AQUIFER (MORE THAN 500 M)

The tenderer shall state below what technical support centres and repair facilities for the tenderer and/or manufacturer will be available for this Contract and for post contract support.

Technical Support Centre:..........................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Repair facilities:..........................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Address......................................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Number of Artisans NormallyEmployed by Firm ...................................................................................................................................................

...................................................................................................................................................

Number of Technically QualifiedPersons Employed ................................................................................................................................................

Spares held in stock:

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 3: HORIZONTAL DRILLING

The tenderer shall state below what technical support centres and repair facilities for the tenderer and/or manufacturer will be available for this Contract and for post contract support.

Technical Support Centre:..........................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Repair facilities:..........................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Address......................................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

....................................................................................................................................................................................

Number of Artisans NormallyEmployed by Firm ...................................................................................................................................................

...................................................................................................................................................

Number of Technically QualifiedPersons Employed ................................................................................................................................................

Spares held in stock:

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

………………………………………………………………………………………………………………………………….

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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67

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 15: SCHEDULE OF SUB-CONTRACTORS

SECTION 1: SHALLOW DRILLING IN TMG AQUIFER (LESS THAN 500 M)

We notify you that it is our intention to employ the following sub-contractors for work (excluding work covered by provisional sums and contingencies) in this contract.

Acceptance of this tender shall not be construed as approval of all or any of the listed sub-contractors. Should any of the sub-contractors not be approved subsequent to acceptance of the tender, this shall in no way invalidate the contract, and the tendered unit rates for the various items making up the work activities shall remain final and binding.

SUB-CONTRACTORS

Sub-contractor’s name Work activities to be undertaken by the Sub-contractor

Estimated value of work (Rand)

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 2: DEEP DRILLING IN TMG AQUIFER (MORE THAN 500 M)

We notify you that it is our intention to employ the following sub-contractors for work (excluding work covered by provisional sums and contingencies) in this contract.

Acceptance of this tender shall not be construed as approval of all or any of the listed sub-contractors. Should any of the sub-contractors not be approved subsequent to acceptance of the tender, this shall in no way invalidate the contract, and the tendered unit rates for the various items making up the work activities shall remain final and binding.

SUB-CONTRACTORS

Sub-contractor’s name Work activities to be undertaken by the Sub-contractor

Estimated value of work (Rand)

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 3: HORIZONTAL DRILLING

We notify you that it is our intention to employ the following sub-contractors for work (excluding work covered by provisional sums and contingencies) in this contract.

Acceptance of this tender shall not be construed as approval of all or any of the listed sub-contractors. Should any of the sub-contractors not be approved subsequent to acceptance of the tender, this shall in no way invalidate the contract, and the tendered unit rates for the various items making up the work activities shall remain final and binding.

SUB-CONTRACTORS

Sub-contractor’s name Work activities to be undertaken by the Sub-contractor

Estimated value of work (Rand)

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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70

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 16: HEALTH AND SAFETY PLAN

Tenderers are referred to the requirements of Clause F.2.18.4 in Part T1.2 Tender Data and shall append the required draft Health and Safety Plan to this Schedule.

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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71

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 17: PROPOSED DEVIATIONS AND QUALIFICATIONS BY TENDERER

SECTION 1: SHALLOW DRILLING IN TMG AQUIFER (LESS THAN 500 M)

The Tenderer should record any proposed deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such proposed deviations and qualifications in a covering letter attached to his tender and reference such letter in this schedule. Any proposed deviations or qualifications contained in a covering letter which is not referenced in this schedule will not be considered.

The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the Employer’s handling of material deviations and qualifications.

If no deviations or qualifications are proposed, the schedule hereunder is to be marked NIL and signed by the Tenderer.

PAGE CLAUSE OR ITEM PROPOSED DEVIATION OR QUALIFICATION

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 2: DEEP DRILLING IN TMG AQUIFER (MORE THAN 500 M)

The Tenderer should record any proposed deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such proposed deviations and qualifications in a covering letter attached to his tender and reference such letter in this schedule. Any proposed deviations or qualifications contained in a covering letter which is not referenced in this schedule will not be considered.

The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the Employer’s handling of material deviations and qualifications.

If no deviations or qualifications are proposed, the schedule hereunder is to be marked NIL and signed by the Tenderer.

PAGE CLAUSE OR ITEM PROPOSED DEVIATION OR QUALIFICATION

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

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SECTION 3: HORIZONTAL DRILLING

The Tenderer should record any proposed deviations or qualifications he may wish to make to the tender documents in this Returnable Schedule. Alternatively, a tenderer may state such proposed deviations and qualifications in a covering letter attached to his tender and reference such letter in this schedule. Any proposed deviations or qualifications contained in a covering letter which is not referenced in this schedule will not be considered.

The Tenderer’s attention is drawn to clause F.3.8 of the Standard Conditions of Tender referenced in the Tender Data regarding the Employer’s handling of material deviations and qualifications.

If no deviations or qualifications are proposed, the schedule hereunder is to be marked NIL and signed by the Tenderer.

PAGE CLAUSE OR ITEM PROPOSED DEVIATION OR QUALIFICATION

Number of sheets appended by the tenderer to this Schedule ....................... (If nil, enter NIL).

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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74

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 18: FUNCTIONALITY CRITERIA

The Tenderer’s attention is drawn to clause F.2.1.4.3 in the Tender Data for a detailed explanation of the functionality criteria and how the score will be calculated (with applicable values).

Section Adequacy Personnel Experience Maximum points

1 Shallow drilling in TMG (up to 500m)

30 30 40 100

2 Deep drilling in TMG 30 30 40 100

3 Horizontal drilling 30 30 40 100

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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75

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 19: SECTIONS TENDERED FOR The Tenderer shall mark in the table below the sections that are tendered for and shall indicate his order of preference (first to third):

Section Description Tendered for Preference

1 Shallow drilling in TMG Aquifer (less than 500 m)

2 Deep drilling in TMG Aquifer (more than 500 m)

3 Horizontal drilling

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

WATER AND SANITATIONCONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 20 : DECLARATION CERTIFICATE FOR LOCAL PRODUCTION AND CONTENT FOR DESIGNATED SECTORS

Not applicable to this tender.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 21: PRICE BASIS FOR IMPORTED PLANT AND MATERIALS

Tota

l in

Ran

d of

(C) +

(D) +

(E)

incl

uded

in

Sche

dule

s of

Q

uant

ities

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(F)

* Sta

te C

usto

ms

Dut

y Ta

riff R

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ence

for e

ach

item

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ote

that

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nt a

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ater

ials

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is s

ched

ule

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l be

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ed to

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t Pric

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e B

ASE

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ed to

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SIG

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ON

BEH

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OF

TEN

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ER: …

……

……

……

……

……

……

….

Cus

tom

s D

uty* R

and

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%

Cus

tom

s Su

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 22: RECORD OF ADDENDA TO TENDER DOCUMENTS

We confirm that the following communications received from the Employer before the submission of this tender offer, amending the tender documents, have been taken into account in this tender offer:

Date Title or Details

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

Attach additional pages if more space is required.

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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79

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 23: PREFERENCE SCHEDULE

Preference Schedule where preferences are granted in respect of B-BBEE contribution

1 DefinitionsThe following definitions shall apply to this schedule:All applicable taxes: Includes value-added tax, pay as you earn, income tax, unemployment insurance fund contributions and skills development levies.Applicable Code: Shall be either the Amended Codes of Good Practise (published on 11 October 2013) or Sector Specific Codes as indicated in the tender conditionsB-BBEE: Broad-based black economic empowerment as defined in section 1 of the Broad-Based Black Economic Empowerment Act.B-BBEE status level of contributor: The B-BBEE status of an entity in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act. Bid (Tender): A written offer in a prescribed or stipulated form in response to an invitation by an organ of state for the provision of services, works or goods, through price quotations, advertised competitive bidding processes or proposals.Black Designated Groups: The meaning assigned to it in the codes of good practice issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act, 2003, (Act 53 of 2003).Black People: The meaning assigned to it in section 1 of the Broad-Based Black Economic Empowerment Act.Broad-Based Black Economic Empowerment Act: The Broad-Based Black Economic Empowerment Act, Act 53 of 2003.Consortium or Joint Venture: An association of persons for the purpose of combining their expertise, property, capital, efforts, skill and knowledge in an activity for the execution of a contract.

Contract The agreement that results from the acceptance of a bid by an organ of state.Co-operative: A co-operative registered in terms of section 7 of the Co-operatives Act, 2005 (Act no. 14 of 2005).Designated Group: Black designated groups, black people, women, people with disabilities or small enterprises as defined in section 1 of the National Small Enterprises Act, 1996 (act no. 102 of 1996)Designated Sector: A sector, sub-sector or industry or product that has been designated in terms of any relevant regulation of the Preferential Procurement Regulations, 2017.Exempted Micro Enterprise (EME): An exempted micro enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act.Firm Price: The price that is only subject to adjustments in accordance with the actual increase or decrease resulting from the change, imposition, or abolition of customs or excise duty and any other duty, levy, or tax, which, in terms of the law or regulation, is binding on the contractor and demonstrably has an influence on the price of any supplies, or the rendering costs of any service, for the execution of the contract.Functionality: The ability of a tenderer to provide goods or services in accordance with specifications as set out in the tender documents.Military Veteran: The meaning assigned to it in section 1 of the Military Veterans Act, 2011 (Act No. 18 of 2011).National Treasury: The meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 18 of 1999.Non-firm prices: All prices other than “firm” prices.Person: Includes a juristic person.People with disabilities: The meaning assigned to it in section 1 of the Employment Equity Act, 1998 (Act No. 55 of 1998).Price: Includes all applicable taxes less unconditional discounts.Proof of B-BBEE status level of contributor: The B-BBEE status level certificate issued by an authorised body or person, a sworn affidavit as prescribed by the B-BBEE Codes of good Practice or any other requirement prescribed in terms of the Broad-Based Black Economic Empowerment Act.Qualifying Small Enterprise (QSE): A qualifying small enterprise in terms of a code of good practice on black economic empowerment issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act.Rand Value: means the total estimated value of a contract in Rand, calculated at the time of bid invitations.

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Rural Area: A sparsely populated area in which people farm or depend on natural resources, including villages and small towns that are dispersed through the area or an area including a large settlement which depends on migratory labour and remittances and government social grants for survival, and may have a traditional land tenure system.Stipulated Minimum Threshold: The minimum threshold stipulated in terms of any relevant regulation of the Preferential Procurement Regulations, 2017.Sub-contract: The primary contractor’s assigning, leasing, making out work to, or employing, another person to support such primary contractor in the execution of part of a project in terms of the contract. The Act: The Preferential Procurement Policy Framework Act, 2000 (Act No 5 of 2000).Total Revenue: Bears the same meaning assigned to this expression in the Codes of Good Practice on Black Economic Empowerment, issued in terms of section 9(1) of the Broad-Based Black Economic Empowerment Act and promulgated in the Government Gazette on 9 February 2007. Township: An urban living area that at any time from the late 19th century until 27 April 1994, was reserved for black people, including areas developed for historically disadvantaged individuals post 27 April 1994.Treasury: The meaning assigned to it in section 1 of the Public Finance Management Act, 1999 (Act No. 18 of 1999).Trust: The arrangement through which the property of one person is made over or bequeathed to a trustee to administer such property for the benefit of another person.Trustee: Any person, including the founder of a trust, to whom property is bequeathed in order for such property to be administered for the benefit of another person.Youth: The meaning assigned to it in section 1 of the National Youth Development Agency Act, 2008 (Act No. 54 of 2008).

2 Conditions associated with the granting of preferences

A supplier that is granted a preference undertakes to:1) accept that the number of preference points allocated will be based on the B-BBEE status level of contributor of

the supplier as at the closing date for submission of quotation offers;

2) not sub-contract more than 25% of the value of the contract to sub-contractors that do not have an equal or higher B-BBEE status level of contributor than the supplier, unless the intended sub-contractors are exempted micro enterprises that have the capability and ability to execute the sub-contract works or unless otherwise declared in terms of Section 5 below;

3) accept that a contract may not be awarded if the price offered is not market related;

4) accept the sanctions set out in Section 3 below should Condition 2(2) be breached, or should the tenderer have submitted any false information regarding its B-BBEE status level of contributor, local production and content, or any other matter required in terms of this bid that will affect, or has affected the bid evaluation;

5) accept that, in order to qualify for preference points, it is the responsibility of the supplier to submit documentary proof of its BBBEE level of contribution in accordance with the Codes of Good Practise, 2013, to the CCT at the Supplier Management Unit located within the Tender Distribution Office, 2nd Floor (Concourse Level), Civic Centre, 12 Hertzog Boulevard, Cape Town (Tel 021 400 9242/3/4/5);

6) accept that, further to 5) above, Consortiums/Joint Ventures will qualify for preference points, provided that the entity submits the relevant certificate/scorecard in terms of the Preferential Procurement Regulations, 2017. Note that, in the case of unincorporated entities, a verified scorecard in the name of the consortium/Joint Venture must be submitted with the quotation (attached to this schedule);

7) accept that if it is found that, in the performance of the contract, the participation of the various partners in a Consortium/ Joint Venture differs substantially from that upon which the consolidated scorecard submitted in terms of 5) above was based, and the impact of which is that the Joint Venture would not have been awarded the contract in terms of the actual B-BBEE level of contribution achieved by the Joint Venture, then a financial penalty shall be applied (in addition to any other remedies that the CCT may have) in accordance with Section 3 below;

8) accept that suppliers are required to be registered on the City of Cape Town’s Supplier Database prior to the acceptance of tenders in order to qualify for preference points. The CCT will verify the B-BBEE level of contributor of the supplier as at the closing date for submission of tender offers, to determine the number of preference points to be awarded to the supplier. In the case of Consortiums/Joint Ventures which tender as unincorporated entities, a verified scorecard submitted with the tender and valid as at the closing date will be used to determine the number of preference points to be awarded to the supplier;

9) accept that, notwithstanding 8) above, a supplier will not be awarded points for B-BBEE status level of contributor if he indicates in his tender that he intends sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that the supplier qualifies for unless the

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intended sub-contractors are exempted micro enterprises that have the capability and ability to execute the sub-contract works;

10) accept that any subcontracting arrangements after the award of the tender may only be entered into upon the prior approval of the City of Cape Town; and

11) immediately inform the City of Cape Town of any change that may affect the tenderer’s B-BBEE level of contribution upon which preference points will be or have been allocated.

3 Sanctions relating to breaches of preference conditionsThe sanctions for breaching the conditions associated with the granting of preferences are:1) disqualify the supplier from the quotation process; 2) recover costs, losses or damages the CCT has incurred or suffered as a result of the supplier’s or contractor’s

conduct;3) cancel the contract in whole or in part and claim any damages which the CCT has suffered as a result of having

to make less favourable arrangements due to such cancellation;4) restrict the supplier, its shareholders and directors, or only the shareholders and directors who acted on a

fraudulent basis, from obtaining business from the CCT for a period not exceeding 10 years, after the audi alteram partem (hear the other side) rule has been applied and inform the National Treasury accordingly;

5) forward the matter for criminal prosecution; and/or6) financial penalties payable to the CCT, as set out below.

Financial penalty for breach of Condition 2 in Section 2 above:The penalty to be applied for sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the preference points that the supplier qualified for (unless so declared or proven to be beyond the control of the supplier, or the sub-contractors are EMEs that have the capability and ability to execute the sub-contract works) shall be as provided for in the following formula:Penalty = 0.5 x E(%) x P*where: E = The value of work (excluding VAT) executed by sub-contractors that do not qualify for at least the preference

points that the supplier qualified for, expressed as a percentage of P*, less 25%P* = Value of the contractFinancial penalty for breach in terms of condition 6 in Section 2 above:The penalty to be applied where, in the performance of the contract, the participation of the various partners in a Consortium/ Joint Venture differs substantially from that upon which the consolidated scorecard submitted in terms of 5) in Section 2 above was based, and the impact of which is that the Joint Venture would not have been awarded that contract in terms of the actual B-BBEE level of contribution achieved by the Joint Venture, shall be as provided for in the following formula:Penalty = 5/100 x (B-BBEEa – B-BBEEt) x P*where:B-BBEEa = The B-BBEE level of contribution that is achieved, determined in accordance with

the actual participation of the Joint Venture partners in the performance of the contractB-BBEEt = The B-BBEE level of contribution that was used to determine the number of

preference points granted to the Joint Venture at the time of quotation evaluationP* = Value of the contractFinancial penalty for breach in terms of condition 10 in Section 2 above:The penalty to be applied where the supplier fails to disclose subcontracting arrangement after the award of the tender is up to a maximum of 10% of the value of the contract.

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4 Level of Contribution in respect of enterprise status or structure of the tendering entity (the supplier)In the interest of transparency, suppliers are required to complete Table 1: Level of Contribution below.Table 1: Level of Contribution

Type of B-BBEE Contributor Status (tick box(es) below as applicable)

Exempted Micro Enterprise (EME), 100% black-owned

Exempted Micro Enterprise (EME), at least 51% but less than 100% black-owned

Exempted Micro Enterprise (EME), less than 51% black-owned

Qualifying Small Enterprise (QSE), 100% black-owned

Qualifying Small Enterprise (QSE), at least 51% but less than 100% black-owned

Qualifying Small Enterprise (QSE), less than 51% black-owned

Verified B-BBEE contributor B-BBEE Status Level of Contributor1

Non-compliant contributor

1 If it is indicated that the company/firm/entity is a verified B-BBEE contributor, then the verified status level of contributor must be inserted in the box provided (insert a number from 1 to 8 as applicable)

5 Declarations1) With reference to Condition 8 in Section 2 above, the supplier declares that:

I/we hereby forfeit my preference points because I /we DO intend sub-contracting more than 25% of the value of the contract to sub-contractors that do not qualify for at least the points that I/we as supplier qualify for or are not exempted micro enterprises that have the capability and ability to execute the sub-contract works

Note:Tenderers who do not tick this box will be allocated preference points but the sanctions relating to breaches of preference conditions in Section 3 will be applicable if the tenderer contravenes the conditions in Section 2.2) The undersigned, who warrants that he/she is duly authorized to do so on behalf of the supplier, hereby certifies

that the preference claimed based on the B-BBEE status level of contribution indicated in Table 1, qualifies the supplier, subject to condition 8 in Section 2 above, for such preference claimed, and acknowledges that:

(i) the information furnished is true and correct;

(ii) the preference claimed is in accordance with the conditions of this schedule;

(iii) the supplier may be required to furnish documentary proof to the satisfaction of the CCT that the BBBEE level of contributor as at the closing date is correct; and

iv) he/she understands the conditions under which preferences are granted, and confirms that the supplier will satisfy the conditions pertaining to the granting of preferences.

________________________________ _________________________________Signature Date

________________________________Name (PRINT)(For and on behalf of the Supplier (duly authorised))

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For official use.

SIGNATURE OF CITY OFFICIALS AT QUOTATION OPENING

1. 2. 3.

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CITY OF CAPE TOWN

WATER AND SANITATION

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SCHEDULE 24: INFORMATION TO BE PROVIDED WITH THE TENDER

Not applicable to this tender.

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULE 25: SCHEDULE OF PRE-QUALIFICATION CRITERIA SUB-CONTRACTORS

Not applicable to this tender.

SIGNED ON BEHALF OF TENDERER: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Part C1: Agreements and Contract Data

PagesC1.1 Form of Offer and Acceptance (Framework Agreement)..........86 – 90

C1.2 Contract Data..............................................................................91 – 106

C1.3 Form of Performance Guarantee............................................107 – 110

C1.4 Form of Advance Payment Guarantee...................................111 – 114

C1.5 Occupational Health and Safety Agreement....................................115

C1.6 Protection of the Environment Declaration.....................................116

C1.7 Insurance Broker’s Warranty............................................................117

C1.8 Contract of Temporary Employment as Community Liaison Officer.................................................................................................118

C1.9 Works Project Acceptance/Refusal Notice......................................119

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.1 Form of Offer and Acceptance

Offer

The employer, identified in the acceptance signature block, has solicited offers to enter into a contract for the procurement of:

CONTRACT NO. 19Q/2018/19: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

The tenderer, identified in the offer signature block, has examined the documents listed in the tender data and addenda thereto as listed in the returnable schedules, and by submitting this offer has accepted the conditions of tender.

By the representative of the tenderer, deemed to be duly authorized, signing this part of this form of offer and acceptance, the tenderer offers to perform all of the obligations and liabilities of the contractor under the contract including compliance with all its terms and conditions according to their true intent and meaning for an amount to be determined in accordance with the conditions of contract identified in the contract data.

The completed Schedules of Rates (excluding VAT) for the sections tendered for, as contained in Part C2.2 Pricing Data, shall form the tender offer. These rates shall be multiplied, as applicable, by the quantities required in respect of relevant items to develop individual Works Projects to be allocated in accordance with the procedures described in Part C1.2 Contract Data in this Framework Contract document.

This offer may be accepted by the employer by signing the acceptance part of this form of offer and acceptance and returning one copy of this document to the tenderer before the end of the period of validity stated in the tender data, whereupon the tenderer becomes the party named as the contractor in the conditions of contract identified in the contract data.

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for the tenderer

(Name of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Address of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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For official use.

INITIALS OF CITY OFFICIALS AT TENDER OPENING

1. 2. 3.

AcceptanceBy signing this part of this form of offer and acceptance, the employer identified below accepts the tenderer’s offer in respect of the section(s) awarded to the tenderer. In consideration thereof, the employer shall pay the contractor any amounts due in accordance with the conditions of contract identified in the contract data. Acceptance of the tenderer’s offer shall form an agreement between the employer and the tenderer upon the terms and conditions contained in this agreement and in the contract that is the subject of this agreement.

The terms of the contract are contained in:

Part C1: Agreements and contract data (which includes this framework agreement)Part C2: Pricing dataPart C3: Scope of workPart C4: Site information

in Volumes 3 and 5, together with any drawings and documents or parts thereof, which may be incorporated by reference into the above listed Parts.

Deviations from and amendments to the documents listed in the tender data and any addenda thereto as listed in the returnable schedules as well as any changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance, are contained in the schedule of deviations attached to and forming part of this form of offer and acceptance. No amendments to or deviations from said documents are valid unless contained in this schedule.

The tenderer shall within two weeks after receiving a completed copy of this agreement, including the schedule of deviations (if any), contact the employer’s agent (whose details are given in the contract data) to arrange the delivery of any securities, bonds, guarantees, proof of insurance and any other documentation to be provided in terms of the conditions of contract identified in the contract data. Failure to fulfil any of these obligations in accordance with those terms shall constitute a repudiation of this agreement.

Notwithstanding anything contained herein, this agreement comes into effect on the date when the tenderer receives one fully completed original copy of this document, including the schedule of deviations (if any). The tenderer (now contractor) shall within five working days of the agreement coming into effect notify the employer in writing of any reason why he cannot accept the contents of this agreement as a complete and accurate memorandum thereof, failing which the agreement presented to the contractor shall constitute the binding contract between the parties.

This agreement constitutes a framework contract for the purposes of developing individual Works Projects to be allocated in terms of the procedures described in the contract, the section(s) awarded to the contractor in terms of this term tender process being recorded in the schedule of deviations.

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

for theEmployer CITY OF CAPE TOWN Tower Block, Civic Centre, 12 Hertzog Boulevard Cape Town

Name and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . signature of witness Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Schedule of Deviations

Notes:1. The extent of deviations from the tender documents issued by the employer before the tender closing date is

limited to those permitted in terms of the conditions of tender.2. A tenderer's covering letter shall not be included in the final contract document. Should any matter in such

letter, which constitutes a deviation as aforesaid, become the subject of agreements reached during the process of offer and acceptance, the outcome of such agreement shall be recorded here.

3. Any other matter arising from the process of offer and acceptance either as a confirmation, clarification or change to the tender documents and which it is agreed by the Parties becomes an obligation of the contract shall also be recorded here.

4. Any change or addition to the tender documents arising from the above agreements and recorded here, shall also be incorporated into the final draft of the Contract.

1 Subject Section(s) awarded to the contractor.

Details The section(s) awarded to the contractor in terms of this term tender process is/are recorded in the table below.

Sections1

(tick as applicable):

1. Shallow drilling in

TMG Aquifer

2. Deep drilling in

TMG Aquifer3. Horizontal

drilling

1 Unused sections are to be struck through.

2 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Subject . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Details . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

By the duly authorised representatives signing this agreement, the employer and the tenderer agree to and accept the foregoing schedule of deviations as the only deviations from and amendments to the documents listed in the tender data and addenda thereto as listed in the returnable schedules, as well as any confirmation, clarification or changes to the terms of the offer agreed by the tenderer and the employer during this process of offer and acceptance.

It is expressly agreed that no other matter whether in writing, oral communication or implied during the period between the issue of the tender documents and the receipt by the tenderer of a completed signed copy of this Agreement shall have any meaning or effect in the contract between the parties arising from this agreement.

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For the Tenderer:

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Address of organization/tenderer) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the Employer:

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Name and CITY OF CAPE TOWNaddress of Tower Block, Civic Centre,organization) 12 Hertzog Boulevard

Cape Town

Name and signature of witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Confirmation of ReceiptThe tenderer, (now contractor), identified in the offer part of this agreement hereby confirms receipt from the employer, identified in the acceptance part of this agreement, of one fully completed original copy of this framework agreement, including the schedule of deviations (if any), today:

the................................................(day)

of .................................................(month)

20...........(year)

at .................................................(place)

For the Contractor:

Signature(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name(s) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Signature and name of witness:

Signature . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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CITY OF CAPE TOWN

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CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.2 Contract Data Part 1: Contract Data provided by the Employer

GENERAL CONDITIONS OF CONTRACT

The following standardised General Conditions of Contract:

General Conditions of Contract for Construction Works, Third Edition, 2015

prepared by the South African Institution of Civil Engineering (SAICE) shall apply to and form the General Conditions of Contract for this contract. Copies of these conditions of contract are obtainable from the South African Institution of Civil Engineering (SAICE), Private Bag X200, Halfway House 1685, Tel: (011) 805 5947, Fax: (011) 805 5971, e-mail: [email protected].

Copies of the General Conditions of Contract are available for inspection and scrutiny at the offices of the Employer.

The Pro-formas bound with the General Conditions of Contract 2015, on pages 96 to 113 shall not apply to this Contract and shall be replaced with the documentation bound into this Contract Document.

The General Conditions of Contract make several references to the Contract Data for specific data, which together with these conditions collectively describe the risks, liabilities and obligations of the contracting parties and the procedures for the administration of the Contract. The Contract Data shall have precedence in the interpretation of any ambiguity or inconsistency between it and the general conditions of contract.

The General Conditions of Contract shall be read in conjunction with the variations, amendments and additions set out in the Contract Specific Data below. Each item of data given below is cross-referenced to the clause in the General Conditions of Contract to which it mainly applies.

The documents forming the Contract are to be taken as mutually explanatory of one another. For the purposes of interpretation, the priority of the documents shall be in accordance with the following sequence.

a) the Form of Offer and Acceptance,b) the Contract Specific Data within the Contract Data,c) the General Conditions of Contract for Construction Works, Third Edition, 2015,d) the Drawings,e) the Scope of Work, f) the Pricing Data, andg) the conditions of tender, the tender data and tender schedules.

If an ambiguity or discrepancy is found in the documents, the Employer’s Agent shall issue any necessary clarification or instruction.

CONTRACT SPECIFIC DATA

The following contract specific data, referring to the General Conditions of Contract for Construction Works, Third Edition, 2015, are applicable to this Contract:

Clause 1.1.1.2:

Add the following after “Bill of Quantities”:

, also referred to as Bills of Quantities,

Clause 1.1.1.7:

Add the following after “Contract” and before “means”:

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, also referred to as Framework Contract or term tender contract,

Add the following after “Acceptance,”:

including, if applicable, the Form of Offer and Acceptance in a Works Project contract document, in which case “Contract” includes the Works Project contract,

Clause 1.1.1.11:

Add the following after “Acceptance”:

… of a Works Project.

The Contract Sum for each Works Project shall:

Section 1: Not exceeding R 40 million (including contingencies and VAT); Section 2: Not exceeding R40 million (including contingencies and VAT); and Section 3: Not exceeding R 13 million (including contingencies and VAT).

Clause 1.1.1.13:

The Defects Liability Period is 12 months per Works Project.

Clause 1.1.1.14:

Delete “Commencement Date” and replace with:

date specified in the Works Project contract for commencement with Works execution,

The time for achieving Practical Completion, inclusive of non-working days referred to in Clause 5.8.1 below, but exclusive of special non-working days (Clause 5.8.1), will be determined for each Works Project as specified in the Works Project contract document.

Clause 1.1.1.15:

The Employer is the CITY OF CAPE TOWN, represented by the Director : WATER AND SANITATION, or such other Director named in the Works Project contract document(s), and/or such other person or persons duly authorised thereto by the Employer in writing.

The name of the Employer is: CITY OF CAPE TOWNWATER AND SANITATION

and is referred to in the Contract documents by the terms “Employer”, “City of Cape Town” or “Council” as the context provides.

Clause 1.1.1.16:

Add the following after “Contract Data”:

in the Works Project contract document,

The name of the Employer’s Agent will be stated in the Works Project contract document(s) and who may be an employee of the Employer or, alternatively, may be an independent agent appointed by the Employer.

Clause 1.1.1.20

Add the following after “Contract”:

and also includes the Form of Offer and Acceptance applicable in each Works Project contract document.

Clause 1.1.1.26:

The Pricing Strategy is a Re-measurement Contract.

Clause 1.1.1.28:

The Scope of Work in this Framework Contract document is applicable, as relevant, together with the project specific Scope of Work in each Works Project contract document.

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Clause 1.1.1.33:

The “Works” applies to the Works Projects individually or as a whole, as the context provides.

Add the following Clauses after Clause 1.1.1.34:

1.1.1.35 “Drawings” means all drawings, calculations and technical information forming part of the Contract documents and any modifications thereof or additions thereto from time to time approved in writing by the Employer’s Agent or delivered to the Contractor by the Employer’s Agent.

1.1.1.36 “Framework Contract” means the Contract as defined in Clause 1.1.1.7; and “Framework Contract Period” means the period stated in the Contract Data, during which Works Projects may be allocated to the Contractor and for which Purchase Orders may be raised (issued) up until the expiry of the period; provided that the Framework Contract shall continue to remain in force after the expiration of the Framework Contract Period until the Final Approval Certificate has been issued by the Employer’s Agent for the last outstanding Works Project at the expiration of the Defects Liability Period of that Works Project.

1.1.1.37 “Framework Contract Manager” means the person named as the Framework Contract Manager in the Contract Data or any other person appointed from time to time by the Employer and of whom the Contractor is notified, in writing, to act as Framework Contract Manager for the purposes of the Contract as substitute for the Framework Contractor Manager so named.

The function of the Framework Contract Manager is to administer the Framework Contract, and such functions as would normally fall to the Employer’s Agent in accordance with the provisions of the Framework Contract, shall be undertaken by the Framework Contract Manager in this regard.

The Framework Contract Manager shall be an employee of the Employer, authorised as its representative to administer the Framework Contract, and all references to “Employer’s Agent” in the Contract shall apply to the Framework Contract Manager in respect of his/her administering the Framework Contract.

The Framework Contract Manager is:

Name: Mr M Halwiindi (PPO - WATER AND SANITATION) Address: City of Cape Town

Civic Centre12 Hertzog BoulevardCape Town 8001

Tel: 021 400 6471E-mail: [email protected]]

1.1.1.38 “Letter of Notification” means the letters of formal notification, signed by the Employer, of the decision of the Supply Chain Management Bid Adjudication Committee sent to all tenderers. The notification of the decision does not form part of the Employer’s Acceptance of a successful tenderer’s Offer and no rights shall accrue.

1.1.1.39 “Panel” means a number of contractors, of which the Contractor is one, appointed by the Employer under the Framework Contract to be available to execute Works Projects as and when they arise.

1.1.1.40 “Purchase Order” means the official purchase order created and released on the City of Cape Town’s SAP System.

1.1.1.41 “Schedules of Rates” means, in this Framework Contract document, the document so designated in the Pricing Data, and which will be used to compile Bills of Quantities in the Works Project contract document(s).

1.1.1.42 “Works Project” means a part of the Works to be performed (task) by a Contractor under the Contract, the specific terms, conditions and scope of the Works Project contract being specified in a Works Project contract document.

1.1.1.43 “Works Project Acceptance/Refusal Notice” means the formal notification, signed by the successful tenderer/prospective Contractor and sent to the Employer, of his decision to accept/ refuse the opportunity afforded to participate further in the Contractor appointment procedure for a Works Project as specified in the Contract.

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Clause 1.2.1.2:

The address of the Employer is:

Physical address: Tower Block, Civic Centre12 Hertzog BoulevardCape Town8001

Postal address: P O Box 298Cape Town8000

E-mail address: [email protected]

The address of the Employer’s Agent will be stated in the Works Project contract document(s).

Clause 2:

Add the following Clause after Clause 2.5.1:

2.6 Procedures for the allocation of Works Projects

The Employer reserves the right to plan and effect individual Works Projects at its sole discretion.

The Employer will only order those quantities of work items which it actually requires for execution in a Works Project from time to time. The Employer reserves the right not to order any quantities at all depending on circumstances and subject to operational requirements.

The Works Projects in each section shall be executed in areas within the City of Cape Town municipal and surrounding (Grabouw, Villiersdorp and Franschhoek) areas as outlined in clause F.1.6.1 in Part T1.2 Tender Data, on a rotational basis.

The Works Projects shall be identified subject to availability of funding.

The procedures for the allocation of Works Projects are described in detail at the end of this Part 1: Contract Data provided by the Employer.

Clause 3.1.3:

The Employer’s Agent shall obtain the specific approval of the Employer before executing any of his functions or duties according to the following Clauses of the General Conditions of Contract or Contract Data:

a) Clause 3.3.1 Nomination of Employer’s Agent’s Representativeb) Clause 3.3.4 Employer’s Agent’s authority to delegatec) Clause 5.8.1 Non-working timesd) Clause 5.11.1 Suspension of the Workse) Clause 5.12.4 Acceleration instead of extension of timef) Clause 6.3.1 Ordering of any variation that causes the contract price to exceed the contract sumg) Clause 6.4.1 Approval of rates for new itemsh) Clause 6.10.10 Advance payment, for items not listed in the Advance Payment Schedule

Clause 5:

Add the following Clause after Clause 5.1.1.2:

5.1.2 Framework Contract Period

The Framework Contract Period is for a period of 36 months calculated from the Commencement Date.

Clause 5.3:

Delete Clauses 5.3.1 to 5.3.3 in their entirety and replace with the following:

5.3.1 Upon appointment to the Panel or Panels the Contractor shall submit the required documentation, for approval by the Framework Contract Manager, as set out below. If the documentation is not submitted with 14 days from the Commencement Date, or is found to be unacceptable, the Employer may terminate the Framework Contract in terms of Clause 9.2.

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The documentation required is:

a) Approved framework Health and Safety Plan (Refer to applicable clause in the Health and Safety Specification in Part C3.5 in the Scope of Work)

b) Security (Refer to Clause 6.2)c) Evidence of Insurance (Refer to Clause 8.6)d) Occupational Health and Safety Agreement (Part C1.5 in Agreements and contract Data)e) Letter of Good Standing from the Compensation Commissioner (if not insured with a Licensed

Compensation Insurer) (Refer to Clause 4.3)f) Protection of the Environment Declaration (Part C1.6 in Agreements and Contract Data)

5.3.2 The Contractor shall, save as may be otherwise provided in the Contract or be legally or physically impossible, commence executing the Works on the date specified in the Works Project contract; subject to the submission by the Contractor, and approval by the Employer’s Agent, of any documentation required before commencement with Works execution, as set out in the Works Project contract.

The following documentation shall be submitted for each Works Project by the assigned contractor from the Panel per section as part of the Works Project submission:

a) Approved site specific Health and Safety plan (Refer to Health and Safety Specification in Part C3.5 Management and any other specific requirements stated in the Works Project contract document)

b) Initial Programme (Refer to Clause 5.6)c)Evidence of Insurance (Refer to Clause 8.6)d) Proof of Registration / Letter of Good Standing with the Bargaining Council for the Civil Engineering

Industry (BCCEI)

The time to submit any documentation required before commencement with Works execution of each Works Project shall be within the number of days from the Commencement Date of the Works Project as specified in the Works Project contract. Such documentation may include:

e) Method Statement (Refer to Environmental Management Specification in Part C3.5 Management)

Clause 5.4.2:

Access to and possession of the Site shall not be exclusive to the Contractor insofar as the provisions of Clause 4.8 apply, and where ongoing use by the general public is required.

Add the following Clause after Clause 5.4.3:

5.4.4 The Contractor shall bear all costs and charges for special and temporary rights of way required by him in connection with access to the Site.

Clause 5.6.2.3:

Insert the following after “…approvals,”:

… permits,

Clause 5.8.1:

The non-working days are Sundays.

The special non-working days are:

a) All gazetted public holidays.b) Year-end break(s) not exceeding 15 working days in duration.

Clause 5.12.1:

Add the following:

The Contractor may not claim a delay on another Works Project as causing delay on the particular Works Project contract in question.

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Clause 5.12.2.2:

No extension of time will be granted in respect of any delays attributed to normal climatic conditions. Normal climatic conditions shall be deemed to include normal rainfall and associated wet conditions and materials, strong winds and extremes of temperature. However, in the event that delays to critical activities exceed the number of working days listed below for each month, then abnormal climatic conditions shall be deemed to exist, and an extension of time may be claimed in accordance with the provisions of Clause 5.12.

The number of days quoted below shall be regarded as a fair estimate of the delays to be anticipated and allowed for under normal climatic conditions where inclement weather prevents or disrupts critical work.

January 2 daysFebruary 2 daysMarch 2 daysApril 2 daysMay 2 daysJune 4 daysJuly 4 daysAugust 4 daysSeptember 4 daysOctober 2 daysNovember 2 daysDecember 2 days

Claims for delays for abnormal climatic conditions shall be accompanied by substantiating facts and evidence, which shall be submitted timeously as each day or half-day delay is experienced.

It shall be further noted that where the critical path is not affected, no extension of time for abnormal climatic conditions or for any other reason will be entertained.

Clause 5.13.1:

The penalty for failing to complete the Works of each Works Project within the time referred to in Clause 1.1.1.14 is R5 000 per day.

Insert the following after “actual date of Practical Completion”:

… or, in the case of termination by the Employer in terms of Clause 9.2.1, the actual date of termination,

Clause 5.16.3:

The latent defects period is 10 years.

Clause 6.2.1:

The security to be provided by the Contractor shall be a blanket performance guarantee of R2 800 000 for Sections 1 and 2, and R910 000 for Section 3. The performance guarantee shall contain the precise wording of the document included in Part C1.3 of the Contract Data: Form of Performance Guarantee, and it shall be issued by a financial institution approved by the Employer at the date when the guarantee is issued. The list of approved financial institutions current at the date of tender is attached to the Form of Performance Guarantee.

In the event of the guarantee being called up (in full or in part) the Contractor shall within 21 days of the issue of a first written demand by the Employer to the Guarantor, provide at his own cost a replacement performance guarantee of R2 800 000 for Sections 1 and 2, and R910 000 for Section 3, no work will be allocated to the Contractor in that section until the replacement performance guarantee has been provided.

Clause 6.2.2:

Delete Clause 6.2.2 in its entirety.

Clause 6.2.3:

Delete Clause 6.2.3 in its entirety and replace with the following:

The Contractor shall ensure that the performance guarantee remains valid and enforceable until the last Certificate of Completion of the Works for the Works Projects in the respective section is issued.

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Clause 6.5.1.2.3:

The percentage allowance to cover overhead charges is 10%

Clause 6.8.2:

Add the following to Clause 6.8.2:

The Contract Price shall be subject to contract price adjustment in accordance with Clause 6.8 of the General Conditions of Contract.

If special materials are specified in Part 2 of the Contract Data then the provisions of Clause 6.8.3 of the General Conditions of Contract shall apply to such special materials.

Where applicable, in terms of the foregoing, the value of the certificates issued shall be adjusted in accordance with the Contract Price Adjustment Schedule with the following values:

The value of “x” is 0,10.

The values of the coefficients are:

a = 0,20 b = 0,25 c = 0,50 d = 0,05

The base month is one month prior to the month in which the tender closed.

Furthermore, the Contract Price Adjustment Schedule shall be amended as follows:

“L” is the “Labour Index” and shall be the Consumer Price Index (CPI) for the City of Cape Town, Western Cape, as published in the Statistical News Release, P0141 (year-on-year) Additional Tables: Table 14 – CPI – all items, according to area, of Statistics South Africa.

“P” is the “Plant Index” and shall be the Producer Price Index for selected materials, Civil engineering plant, as published in the Statistical News Release P0151, Table 4 of Statistics South Africa.

“M” is the “Materials Index” and shall be the Producer Price Index for materials used in certain industries, Building and construction – Civil engineering, as published in the Statistical News Release P0151, Table 3 of Statistics South Africa.

“F” is the “Fuel Index” and shall be the Producer Price Index for selected materials, Diesel fuel retail – Coastal, as published in the Statistical News Release P0151, Table 4 of Statistics South Africa.

Clause 6.8.3: Variation in the cost of special materials

Price adjustment for variations in the cost of special materials is provided for in the Special Materials Schedule at the end of this Part 1: Contract Data provided by the Employer.

Clause 4.2 of the Contract Price Adjustment Schedule

Delete the words “by the Contractor” that appear after “…. entered in the Contract Data”

Clause 6.8.4:

Add the following to Clause 6.8.4:

Notwithstanding the above, in the event that a public holiday is proclaimed after 7 days before the closing date for an offer on a Works Project, no costs other than those that can be claimed under Clause 5.12.3 shall be added to the Contract Price.

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Add the following after Clause 6.8.4:

6.8.5. If price adjustment for variations in the cost of plant and materials imported from outside of South Africa is provided for in the contract data, such adjustment shall be based on the information contained on the schedule titled “Price Basis for Imported Plant and Materials”and as below. For the purposes of this clause the Rand value of imported Plant and Materials inserted on the schedule titled “Price Basis for Imported Plant and Materials” (column (F)) shall be the value in foreign currency (column (A)) converted to South African Rand (column (C)) by using the closing spot selling rate quoted by Employer’s main banker, ABSA, on the Base Date (seven calendar days before tender closing date) rounded to the second decimal place (column(B)), to which shall be added any Customs Surcharge and Customs Duty applicable at that date (columns (D) and (E)).

6.8.5.1 Adjustment for variations in rates of exchange:

(a) The value in foreign currency inserted in column (A) shall be subject to clause (h) below when recalculating the Rand value.

(b) The rate of exchange inserted in column (B) shall be the closing spot selling rate quoted by Employer’s main banker, ABSA, on the Base Date, rounded to the second decimal place, subject to sub-paragraph (c) below.

(c) If the rate of exchange inserted by the Tenderer differs from the ABSA rate referred to above, then the ABSA rate shall apply and the Rand value in columns (C) and (F) shall be recalculated accordingly, without altering the price in the Schedules of Quantities for the relevant items.

(d) If a tender from a supplier or sub-contractor provides for variations in rates of exchange, the Contractor may only claim for variations in rates of exchange if he binds the supplier or sub-contractor to the same provision to take out forward cover as described in sub-paragraph (e) below.

(e) The Contractor (or supplier or sub-contractor) shall within five working days from the date of placing a firm order on an overseas supplier, cover or recover forward by way of a contract with a bank which is an authorised foreign exchange dealer, the foreign exchange component of the cost of any imported Plant and Materials inserted by the Tenderer on the schedule titled “Price Basis for Imported Plant and Materials”.

(f) When the Contractor (or supplier or sub-contractor) so obtains forward cover, the Contractor shall immediately notify the Employer of the rate obtained and furnish the Employer with a copy of the foreign exchange contract note.

(g) Based on the evidence provided in sub-paragraph (f) above, the value in Rand inserted in column (C) on the schedule titled “Price Basis for Imported Plant and Materials” shall be recalculated using the forward cover rate obtained, and any increase or decrease in the Rand value defined in this clause shall be adjusted accordingly, subject to sub-paragraph (h) below. Failure to provide such evidence shall result in no such recalculation shall be considered by the Employer.

(h) The adjustments shall be calculated upon the value in foreign currency in the Contractor’s (or supplier’s or sub-contractor’s) forward cover contract, provided that, should this value exceed the value in foreign currency inserted in column (A) of the schedule titled “Price Basis for Imported Plant and Materials, then the value in column (A) shall be used.

6.8.5.2 Adjustment for variations in customs surcharge and customs duty

(a) Any increase or decrease in the Rand value between the amounts of Customs Surcharge and Customs Duty inserted on the schedule titled “Price Basis for Imported Plant and Materials”and those amounts actually paid to the Customs and Excise Authorities, which are due to changes in the percentage rates applicable or to the foreign exchange rate used by the authorities, shall be adjusted accordingly.

(b) The Tenderer shall state the Customs Duty Tariff Reference applicable to each item and the Contractor shall advise the Employer’s Agent of any changes which occur.

6.8.5.3 Adjustment for variation in labour and material Costs

If the prices for imported Plant and Materials are not fixed, the Contractor shall in his Tender specify the formula for calculating Contract Price Adjustments normally used in the country of manufacture

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and the indices and relative proportions of labour and material on which his Tender prices are based. Evidence of the indices applicable shall be provided with each claim. The indices applicable 42 days before contractual dispatch date from the factory will be used for the purposes of Contract Price Adjustment.

Failure to specify a formula in the Tender shall mean that the prices are fixed or shall be deemed to be fixed.

Clause 6.10.1.5:

Delete Clause 6.10.1.5 in its entirety and replace with the following:

6.10.1.5 The value of Plant and materials:

6.10.1.5.1 up to a percentage limit of 80% for the Plant and materials referred to in Clause 6.9.1.1 brought on to the Site but not yet built into the Permanent Works;

Provided that the Contractor has produced documentary evidence of ownership of such Plant and/or materials and has delivered to the Employer an indemnity, approved in writing by the Employer, against any claim to or in respect of such Plant and/or materials by reason of the Contractor’s sequestration or liquidation, or of any defect in the Contractor’s title to the Plant and/or materials;

6.10.1.5.2 which have been manufactured and are stored at places other than the Site, in respect of which the Employer has indicated, on the Advance Payment Schedule, that advance payment will be permitted;

6.10.1.5.3 for which a deposit with order is required from the Contractor by a manufacturer/supplier, only in respect of which the Employer has indicated, on the Advance Payment Schedule, that advance payment will be permitted;

The terms and conditions for advance payment are set out in Clause 6.10.10 and in the Advance Payment Schedule at the end of this Part 1: Contract Data provided by the Employer.

Clause 6.10.1.7:

Add the following after the words “Clause 5.13”:

or any other fines or penalties that become due under the Contract.

Clause 6.10.3:

Add the following to Clause 6.10.3:

Notwithstanding the provision of a performance guarantee in terms of Clause 6.2.1, interim payments to the Contractor shall be subject to a retention by the Employer of an amount of 5% of the said amounts due to the Contractor, with no limit per Works Project. A guarantee in lieu of retention is not permitted.

Clause 6.10.4:

Add the following to the last sentence of Clause 6.10.4:

…, dated as at the date of delivery of the Contractor’s statement to the Employer’s Agent.

Add the following to Clause 6.10.4:

Notwithstanding the above, the Employer’s Agent shall be empowered to withhold the delivery of the payment certificate until the Contractor has complied with his obligations to report in terms of Clause 4.10.2 and as described in the Scope of Work.

The Contractor may submit a fully motivated application regarding more frequent payment to the Employer’s Agent to be submitted to the Employer for consideration. Requests for more frequent payments will be considered at the sole discretion of the Employer and is not a right in terms of this contract.

Clause 6.10.10:

Add the following Clause after Clause 6.10.9:

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6.10.10 Advance payment

Subject to Clauses 6.10.1.5.2 and 6.10.1.5.3, and the Advance Payment Schedule, the Employer shall make an advance payment for Plant and materials stored at places other than the Site, or in respect of which a deposit with order is required, only once the Contractor has submitted an advance payment guarantee in accordance with this Clause.

Unless and until the Employer receives this guarantee, the following paragraphs shall not apply.

The Employer’s Agent shall issue an Interim Payment Certificate for, or including, advance payment after receiving a statement under Clause 6.10.1 and after the Employer has received a guarantee in an amount equal to the advance payment requested. This guarantee shall be issued by a financial institution approved by the Employer, as listed in the Annexure in Part C1.3 of the Contract Data, and shall be in the form of and shall contain the precise wording of the document included in Part C1.4: Form of Advance Payment Guarantee and shall come into force, be administered and expire in terms thereof.

The Employer shall return the guarantee to the Contractor within 14 days after the expiry date. The provision of the Advanced Payment Guarantee shall be at the Contractor’s cost.

The term “deposit” or “deposit with order” used in the context of this Clause and elsewhere by reference to this Clause, means a sum payable by the Contractor to a manufacturer/supplier prior to the manufacture of an item of Plant or material, required at the time of placing an order, the balance of the value of the item being payable later.

Clause 8.6.1:

The insurances to be effected and maintained by the Contractor shall be in the form of a blanket/umbrella policy per section for this term tender contract. This policy shall be endorsed as and when required to reflect each Works Project that may be allocated to the Contractor.

Clause 8.6.1.1.1:

The Contract Price shall, for insurance purposes, include for individual Contract Sums of up to R40 000 000 for each Works Project in Sections 1 and 2, and up to R13 000 000 for each Works Project in Section 3.

Clause 8.6.1.1.2:

The value of Plant and materials supplied by the Employer to be included in the insurance sum is R 0.00 (Nil).

Clause 8.6.1.1.3:

The amount to cover professional fees for repairing damage and loss to be included in the insurance sum is R0.00 (Nil).

Clause 8.6.1.3:

The limit of indemnity for liability insurance is R20 000 000.00 for any single claim – the number of claims to be unlimited during the construction and defects liability periods.

Clause 8.6.1.5:

In addition to the insurances required in terms of General Conditions of Contract Clauses 8.6.1.1 to 8.6.1.4 the following insurance is also required:

a) Insurance of Construction Equipment (including tools, offices and other temporary structures and contents) and other things (except those intended for incorporation into the Works) brought onto the site for a sum sufficient to provide for their replacement.

b) Insurance in terms of the provisions of the Compensation for Occupational Injuries and Diseases Act, 130 of 1993.

c) Motor Vehicle Liability Insurance comprising (as a minimum) “Balance of Third Party” Risks including Passenger Liability Indemnity.

d) Where the contract involves manufacturing and/or fabrication of the works or part thereof at premises other than the Site, the Contractor shall satisfy the Employer that all materials and equipment for incorporation in

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the works are adequately insured during manufacture and/or fabrication. In the event of the Employer having an insurable interest in such works during manufacture or fabrication then such interest shall be noted by endorsement to the Contractor’s Policies of Insurance.

Clause 8.6.5:

Delete the following from Clause 8.6.5:

“and the terms thereof shall be subject to the approval of the Employer’s Agent, which approval shall not be unreasonably withheld.”

Clause 8.6.6:

Replace clause 8.6.6 with the following:

The evidence that the insurances have been effected in terms of Clause 8.6.1, shall be in the form of an insurance broker’s warranty per section worded precisely as given in Part C1.7 Insurance Broker’s Warranty.

In addition, an insurance broker’s warranty will be required for every Works Project as and when the contractor submits an offer for a Works Project contract. This warranty shall, inter alia, confirm that the applicable blanket/umbrella policy per section for the term tender contract has been endorsed to reflect the Works Project contract and that all premiums have been paid.

Clause 8.6.7:

Add the following to the end of this Clause:

; and/or the Employer shall be entitled to exclude the Contractor from participating in any future Works Project processes until such time as satisfactory evidence has been provided.

Clause 9.1:

In Clause 9.1.6 replace “and 9.1.3” with:

, 9.1.3 and 9.1.7

Add the following Clause after Clause 9.1.6:

9.1.7 Death of Sole Proprietor/Member

Upon the death of the Contractor who was a Sole Proprietor, or a sole member of a Close Corporation, the Contract will terminate forthwith. The Employer shall pay to the Contractor’s estate any money which it considers due under the Contract in terms of Clause 9.1.5, in full and final settlement thereof.

Clause 9.2.1:

Delete “or” at the end of Clause 9.2.1.3.6 and add the following Clause after Clause 9.2.1.3.7:

9.2.1.3.8 Has failed to provide the required insurances within the prescribed time,

Clause 10.5.3:

The number of ad-hoc Adjudication Board Members to be appointed is 1(one).

ADDITIONAL CONDITIONS OF CONTRACT

Add the following Clause after Clause 10:

Clause 11 Details to be confidential

The Contractor shall treat the details of the Works comprised in this Contract as private and confidential (save in so far as may be necessary for the purposes hereof) and shall not publish or disclose the same or any particulars thereof in any trade or technical paper elsewhere without the prior written consent of the Employer’s Agent.

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PROCEDURES FOR THE ALLOCATION OF WORKS PROJECTS The procedures for the allocation of Works Projects, given below, are to be read in conjunction with clause F.1.6.1 in Part T1.2 Tender Data and Clause 2.6 in the Contract Data. These procedures include the development of Works Project contract documents, applying the tendered rates in order to arrive at financial offers, calculating works project evaluation points, ranking the panel of contractors, and allocating the Works Project to the highest ranked contractor.

The procedures are summarised under the stages below, wherein the Employer (acting through his agent) shall

Stage 0: Employer confirms that appointed framework contractors for Contract 122Q/2017/18 cannot undertake the identified work

Stage 1: Employer prepares Works Project contract document, prices bills of quantities using selected contractor’s rates

a) select and prepare Scope of Works for one section within a specific work area for the execution of the Works Project;

b) prepare a Works Project contract document, including Bills of Quantities and Scope of Work therein;

Stage 2: Employer selects contractor in respective section and compute financial offer

c) select highest ranked contractor as per panel list for respective section; if highest ranked contractor has been appointed previously, the second ranked contractor shall be selected, and so on;

d) select the next suitable contractor on the panel list, if the contractor selected as per c) above is not available or capable to carry out the works timeously, or is or has been overcommitted under this contract,

e) compute financial offer for selected contractor as per c) above, using their respective framework contract rates;

f) make available to the selected contractor a copy of the Works Project contract document with the Bills of Quantities priced by the Employer (as in b) and e) above), and

g) receive acceptance/refusal notice from selected contractor;

Stage 2b: Employer re-selects contractor if work offer is declined

h) select next contractor on the panel list, if the selected contractor declines the work offer; and i) repeat steps e) to g) above;

Stage 3: Final selected contractor collects copy of Works Project contract document, submit acceptance/refusal notice and submits completed Works Project contract document

j) request the selected contractor, who accepted the work opportunity, to complete the Returnable Schedules, Form of Offer, Works Project Acceptance/Refusal Notice, etc. in the Works Project contract document and submit the completed document to the Employer; and

k) test submission for completeness and allocate the Works Project to the contractor or, if his offer is non-responsive/invalid, repeat the processes in e) to g) and j) with the contractor with the next highest evaluation points.

Further details of the procedures under the above stages are given below.

Stage 1

As and when the Employer requires work to be executed in a Works Project under the framework contract, the Employer shall specify, inter alia, the nature, location(s), extent, scope of work, proposed programme and contract period for the work required, in a Works Project contract document comprising, as relevant, Work Allocation Procedures, Returnable Schedules, Agreements and Contract Data, Bills of Quantities and Scope of Work.

Stage 2

In the Bills of Quantities the Employer shall assign quantities to the work items relating to the specific Scope of Work in the Works Project. The assigned quantities shall be multiplied by the framework contract rates to constitute amounts that will be totalled to provide a financial offer for the selected contractor for this specific Works Project.

The Employer shall select the contractor from the panel list for the respective section on a rotational basis in sequence from the highest ranked contractor to the second highest ranked, and so forth. However, the Employer has the discretion to deviate from this sequence, if circumstances warrant to do so. The Employer shall apply the following criteria when deciding to deviate from the rotational sequence:- Availability of the contractor and its resources to execute the works in the given period of time;- Capability of the contractor to execute the specific scope of works as stipulated in the Works Project; - Work progress and workmanship of the contractor at previous or current Works Projects; - The total financial value of the works already awarded to each appointed contractor under this framework

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The Employer shall conduct the compulsory Works Project meeting on the date specified. The purpose of this meeting is to inform the contractor of the Scope of Work required in the Works Project. The meeting shall furthermore serve to answer any queries the contractor may have in respect of the required work, billed items and quantities, etc. (this may result in changes being made to the Works Project contract document and its being re-issued as in f) above).

Included in the Works Project contract document is a Works Project Acceptance/Refusal Notice (Form C1.9) requesting the contractor to state in writing whether he accepts/refuses the opportunity afforded to participate further in the work allocation procedure (i.e. that he is willing/not willing to undertake the work specified in the Scope of Work and Bills of Quantities and has/has not the necessary resources, including a site specific construction manager, available to complete the work within the required Works Project contract period should he be allocated the work).

The contractor will be required to complete and return the Works Project Acceptance/Refusal Notice, either by fax or email, to the Employer prior to the closing date for receipt of Works Project Acceptance/Refusal Notices (non-submission will be regarded as a refusal), including, if accepted, declaring whether their declarations in respect of sub-contractors made in the Preferencing Schedule in the Framework Contract document stand for the Works Project, or not - refer to Form C1.9 in this regard.

If the selected contractor refuses the offer, the Employer will select another contractor as per process outlined above.

Stage 3

Upon request of the Employer, the Works Project contract document shall be completed, signed and returned by the selected contractor who has accepted to the Employer’s agent’s offices no later than the date stated in such request.

The Employer will specify the proposed Works Project construction time period (time from the date specified for commencement with Works execution to Due Completion Date) for completing the specified Works in the Scope of Work in the Works Project contract document. The contractor shall submit a realistic preliminary construction programme reflecting his proposed sequence and tempo of execution of the Works Project contract for completing the Works within the prescribed construction time period, and shall append the preliminary (initial) programme to the applicable schedule in Part A2.2 Returnable Schedules in the Works Project contract document.

The submission of a fully completed and signed Works Project contract document is mandatory for the contractor who has been requested by the Employer to submit his offer, and the contractor may be requested by the Employer to complete and/or sign his submission, if necessary, should he have not already done so. A submission will be rejected as being non-responsive/invalid if the document is not fully completed and/or signed after the contractor has been requested by the Employer to complete and/or sign his submission.

The returned Works Project contract document will be tested for completeness in accordance with these procedures. The contractor whose returned Works Project contract document is fully completed and signed will be appointed as Contractor to execute the Works for the specific Works Project in terms of the Contract.

A contractor whose offer is non-responsive/invalid, or who failed to return the completed, signed Works Project contract document (the offer) by the date stated in the Employer’s request, will be excluded from further participation in the Works Project allocation process, and the next highest ranked contractor will be offered the Works Project (in such a circumstance the construction time period may have to be amended by the Employer and agreed to by the contractor).

Acceptance of the successful contractor’s offer takes place on the date the contractor (now Contractor in terms of the Contract) receives the City of Cape Town’s official purchase order, such date being the Commencement Date of the Works Project contract.

Each Works Project shall be of a value not exceeding R 40 000 000 for Sections 1 and 2, and R 13 000 000 for Section 3 (including contingencies and VAT, but excluding contract price adjustment, if applicable).

Working days for these procedures are Mondays to Fridays.

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SPECIAL MATERIALS SCHEDULEEach material dealt with as a special material in terms of Clause 4.1 of the Contract Price Adjustment Schedule of the General Conditions of Contract is stated in the list below. The provisions of Clause 6.8.3 of the General Conditions of Contract shall apply to such special materials. The base prices for the special materials (current at the time of tender) shall be as stated in the schedule below, or where required, shall be furnished by the tenderer/contractor. Only those materials listed by the Employer below shall be considered as special materials.

Special Material Unit Base Price

NOT APPLICABLE

Conditions:1) When called upon to do so, the contractor shall substantiate the prices to be used to determine the

adjustment in respect of the special materials listed above with acceptable documentary evidence.2) In the case of bituminous products, the Employer has provided, in the schedule above, a base rate for

bitumen upon which the tendered rates will be deemed to be based, and which will be used for determining the adjustment in the price of such bituminous products.

3) Where an adjustment for the variation in the price of bituminous products is claimed, the claim must be substantiated by a declaration from the manufacturer, confirming the source of bitumen used in such bituminous products at the time in question.

4) Where the source of bitumen (the refinery) is located in the Western Cape Province, or where bitumen sourced from abroad is landed at a port in the Western Cape, the cost of transporting such bitumen within the boundaries of the Western Cape shall be included in the rate for bituminous products. Extra-over rates to cover the cost of transporting bitumen from beyond the borders of the Western Cape have been measured separately in the Bill of Quantities.

5) Where imported bitumen used in bituminous products is landed at a port beyond the borders of the Western Cape, the importers must clearly state whether or not their price is inclusive of transport to the Western Cape, which will determine whether extra-over transport costs are applicable, or not. The price of the imported bitumen itself must be expressed as a landed price in ZAR.

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ADVANCE PAYMENT SCHEDULEThis Advance Payment Schedule is to be read in conjunction with Clauses 6.10.1.5.2, 6.10.1.5.3 and 6.10.10 in the Contract Specific Data. The purpose of this schedule is to itemise specific Plant and materials not yet brought on to the Site for building into the Permanent Works and for which the Employer is prepared to make advance payments to the Contractor, subject to the conditions below.

The items of Plant and materials which have been identified by the Employer as being suitable for advance payment in terms of the Contract are listed in the table below. Should an item or items be added to the list at tender stage by a tenderer, such item(s) will not be binding on the Employer.

Plant and materials which have been manufactured and are stored at places other than the Site:

Plant and materials yet to be manufactured and for which a deposit with order is required from the Contractor by a manufacturer/supplier, and which may be stored at places other than the Site after manufacture:

NOT APPLICABLE

Conditions:1) The Contractor can only rely on advance payment being permitted by the Employer in respect of the Plant

and materials listed in the table above. The Employer may, however, permit advance payment for other Plant and materials in exceptional circumstances and at its sole discretion, during the course of the Contract, and upon reasonable request from the Contractor.

2) Advance payment for the purposes of deposits will only be provided up to a limit of 20% of the value of any one item being claimed.

3) The Contractor shall provide the Employer with documentary evidence of the terms and conditions for which a deposit with order is required by a manufacturer/supplier, together with the advance payment guarantee.

4) The Contractor will also be permitted to obtain advance payment for the balance of the value of the Plant and materials in respect of which he has paid a deposit, for an item which after manufacture is stored at a place other than the Site. The Contractor shall, in respect of such payment, provide an advance payment guarantee, either for such balance or, if the advance payment guarantee in respect of the deposit is to be returned by the Employer upon request, for the whole value of the item.

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Part 2: Data provided by the Contractor

Clause 1.1.1.9:

The name of the Contractor is ……………………………………………………………………………

Clause 1.2.1.2:

The address of the Contractor is

Physical : …………………………………………..… Postal : ……………………………………………………..Address Address

…………………………………………..… ……………………………………………………..

…………………………………………..… ……………………………………………………..

…………………………………………..… ……………………………………………………..

…………………………………………..… ……………………………………………………..

Telephone : …………………………………………..… Fax: ……………………………………………………..

email : …………………………………………..…

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.3 Form of Performance Guarantee

PERFORMANCE GUARANTEE

For use with the General Conditions of Contract for Construction Works, Third Edition, 2015.

GUARANTOR DETAILS AND DEFINITIONS

"Guarantor" means: ................................................................................................................................................................

"Physical address: .................................................................................................................................................................

"Employer" means: The City of Cape Town, WATER AND SANITATION.

"Contractor" means: The Contractor named in an individual Works Project Contract...........................................................

"Employer’s Agent" means: The Employer’s Agent named in an individual Works Project Contract.

“Works” means: Works Projects which may be allocated for Section 1, 2 or 3 (delete which is not applicable), individually or as a whole as the context provides, under Framework Contract No. 19Q/2018/19: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER.

"Site" means: The site as defined in Clause 1.1.1.29 of the General Conditions of Contract.

"Contract" means: The Agreement made in terms of the Form of Offer and Acceptance and such amendments or additions to the Contract as may be agreed in writing between the parties, and includes the Works Project Agreement.

"Guaranteed Sum" means: The maximum aggregate amount of R2 800 000.00 (Sections 1 and 2) and R910 000 (Section 3) (delete which is not applicable).

Amount in words: Two million eight hundred thousand Rand (Sections 1 and 2) or Nine hundred and ten thousand Rand (Section 3) (delete which is not applicable).

"Expiry Date" means: The date of issue by the Employer’s Agent of the last Certificate of Completion of the Works for the Works Projects in a section.

CONTRACT DETAILS

Employer’s Agent issues: Interim Payment Certificates, Final Payment Certificates and the Certificates of Completion of the Works, in respect of individual Works Projects, as defined in the Contract.

PERFORMANCE GUARANTEE

1. The Guarantor's liability shall be limited to the amount of the Guaranteed Sum.

2. The Guarantor's period of liability shall be from and including the date of issue of this Performance Guarantee and up to and including the Expiry Date or the date of payment in full of the Guaranteed Sum, whichever occurs first. The Employer’s Agent and/or the Employer shall advise the Guarantor in writing of the date on which the last Certificate of Completion of the Works for the Works Projects in a section has been issued.

3. The Guarantor hereby acknowledges that:

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3.1 any reference in this Performance Guarantee to the Contract is made for the purpose of convenience and shall not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a suretyship;

3.2 its obligation under this Performance Guarantee is restricted to the payment of money.

4. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor hereby undertakes to pay the Employer the sum certified upon receipt of the documents identified in 4.1 to 4.3:

4.1 A copy of a first written demand issued by the Employer to the Contractor stating that payment of a sum certified by the Employer’s Agent in an Interim or Final Payment Certificate has not been made in terms of the Contract and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of 4.2;

4.2 A first written demand issued by the Employer to the Guarantor at the Guarantor's physical address with a copy to the Contractor stating that a period of seven (7) days has elapsed since the first written demand in terms of 4.1 and the sum certified has still not been paid;

4.3 A copy of the aforesaid payment certificate which entitles the Employer to receive payment in terms of the Contract of the sum certified in 4.

5. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor undertakes to pay to the Employer the Guaranteed Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor's physical address calling up this Performance Guarantee, such demand stating that:

5.1 the Contract has been terminated due to the Contractor's default and that this Performance Guarantee is called up in terms of 5; or

5.2 a provisional or final sequestration or liquidation court order has been granted against the Contractor and that the Performance Guarantee is called up in terms of 5; and

5.3 the aforesaid written demand is accompanied by a copy of the notice of termination and/or the provisional/final sequestration and/or the provisional liquidation court order.

6. It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms of 4 and 5 shall not exceed the Guarantor's maximum liability in terms of 1.

7. Where the Guarantor has made payment in terms of 5, the Employer shall upon the date of issue of the Final Payment Certificate submit an expense account to the Guarantor showing how all monies received in terms of this Performance Guarantee have been expended and shall refund to the Guarantor any resulting surplus. All monies refunded to the Guarantor in terms of this Performance Guarantee shall bear interest at the prime overdraft rate of the Employer's bank compounded monthly and calculated from the date payment was made by the Guarantor to the Employer until the date of refund.

8. Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7) calendar days upon receipt of the first written demand to the Guarantor.

9. The Employer shall have the absolute right to arrange his affairs with the Contractor in any manner which the Employer may deem fit and the Guarantor shall not have the right to claim his release from this Performance Guarantee on account of any conduct alleged to be prejudicial to the Guarantor.

10. The Guarantor chooses the physical address as stated above for the service of all notices for all purposes in connection herewith.

11. This Performance Guarantee is neither negotiable nor transferable and shall expire in terms of 2, where after no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it has expired.

12. This Performance Guarantee, with the required demand notices in terms of 4 or 5, shall be regarded as a liquid document for the purposes of obtaining a court order.

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13. Where this Performance Guarantee is issued in the Republic of South Africa the Guarantor hereby consents in terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at ................................................................................................................................................................................

Date .....................................................................................................................................................................................

Guarantor's signatory (1) ........................................................................................................................................................

Capacity .................................................................................................................................................................................

Guarantor's signatory (2) ........................................................................................................................................................

Capacity .................................................................................................................................................................................

Witness signatory (1) .............................................................................................................................................................

Witness signatory (2) .............................................................................................................................................................

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ANNEXURE

LIST OF APPROVED FINANCIAL INSTITUTIONS

The following financial institutions are currently (as at 8 March 2016) approved for issue of contract guarantees to the City:

National Banks:ABSA Bank Ltd.FirstRand Bank Ltd.Investec Bank Ltd.Nedbank Ltd.Standard Bank of SA Ltd.

International Banks (with branches in SA):Barclays Bank plc.Citibank n.a.Credit Agricole Corporate and Investment BankDeutsche Bank AGHSBC Bank plc.JP Morgan Chase BankSociete GeneraleStandard Chartered Bank

Insurance companies:ABSA InsuranceAIG South AfricaCoface s.a.Compass Insurance Co.Constantia Insurance Co.Credit Guarantee Insurance Co.Guardrisk Insurance Co.Hollard Insurance Company Ltd.Home Loan Guarantee Co.Infiniti Insurance LimitedLombard InsuranceMutual & Federal Insurance Co.New National Assurance Co.Regent Insurance Co.Renasa Insurance Company Ltd.Santam LimitedZurich Insurance Co.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.4 Form of Advance Payment Guarantee

ADVANCE PAYMENT GUARANTEE

For use with the General Conditions of Contract for Construction Works, Third Edition, 2015.

GUARANTOR DETAILS AND DEFINITIONS

"Guarantor" means: ................................................................................................................................................................

"Physical address: .................................................................................................................................................................

"Employer" means: The City of Cape Town, WATER AND SANITATION.

"Contractor" means: ..............................................................................................................................................................

"Employer’s Agent" means: ...................................................................................................................................................

“Works” means: Works Project No. 19Q/2018/19 WP-01: Shallow boreholes in TMG Aquifer (less than 500 m deep) to be executed in Section 1 under Framework Contract No. 19Q/2018/19: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER.

"Site" means: The site as defined in Clause 1.1.1.29 of the General Conditions of Contract.

"Contract" means: The Agreement made in terms of the Form of Offer and Acceptance and such amendments or additions to the Contract as may be agreed in writing between the parties, and includes the Works Project Agreement.

"Plant and materials" means: The Plant and materials stored at places other than the Site, or in respect of which an advance payment prior to manufacture is required, which the Employer has agreed may be subject to advance payment, such Plant and materials being listed in the Schedule of Plant and materials.

“Schedule of Plant and materials” means: A list of Plant and materials which shows the value thereof to be included in the Guaranteed Advance Payment Sum.

"Guaranteed Advance Payment Sum" means: The maximum aggregate amount of R.........................................................

Amount in words: ..................................................................................................................................................................

"Expiry Date" means: The date of the payment certificate wherein the Plant and materials have been certified by the Employer’s Agent as having been built into the Permanent Works.

CONTRACT DETAILS

Employer’s Agent issues: Interim Payment Certificates and Final Payment Certificate for each Works Project. ADVANCE PAYMENT GUARANTEE

1. The Guarantor's liability shall be limited to the amount of the Guaranteed Advance Payment Sum.

2. The Guarantor's period of liability shall be from and including the date of issue of this Advance Payment Guarantee and up to and including the Expiry Date or the date of payment in full of the Guaranteed Advanced Payment Sum, whichever occurs first.

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3. The Guarantor hereby acknowledges that:

3.1 any reference in this Advance Payment Guarantee to the Contract is made for the purpose of convenience and shall not be construed as any intention whatsoever to create an accessory obligation or any intention whatsoever to create a suretyship;

3.2 its obligation under this Advance Payment Guarantee is restricted to the payment of money.

4. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor hereby undertakes to pay the Employer the sum certified upon receipt of the documents identified in 4.1 to 4.3:

4.1 A copy of a first written demand issued by the Employer to the Contractor stating that payment of a sum certified by the Employer’s Agent in an Interim or Final Payment Certificate has not been made in terms of the Contract and failing such payment within seven (7) calendar days, the Employer intends to call upon the Guarantor to make payment in terms of 4.2;

4.2 A first written demand issued by the Employer to the Guarantor at the Guarantor's physical address with a copy to the Contractor stating that a period of seven (7) calendar days has elapsed since the first written demand in terms of 4.1 and the sum certified has still not been paid;

4.3 A copy of the aforesaid payment certificate which entitles the Employer to receive payment in terms of the Contract of the sum certified in 4.

5. Subject to the Guarantor's maximum liability referred to in 1, the Guarantor undertakes to pay to the Employer the Guaranteed Advance Payment Sum or the full outstanding balance upon receipt of a first written demand from the Employer to the Guarantor at the Guarantor's physical address calling up this Advance Payment Guarantee, such demand stating that:

5.1 the Contract has been terminated due to the Contractor's default and that this Advance Payment Guarantee is called up in terms of 5; or

5.2 a provisional or final sequestration or liquidation court order has been granted against the Contractor and that the Advance Payment Guarantee is called up in terms of 5; and

5.3 the aforesaid written demand is accompanied by a copy of the notice of termination and/or the provisional/final sequestration and/or the provisional liquidation court order.

6. It is recorded that the aggregate amount of payments required to be made by the Guarantor in terms of 4 and 5 shall not exceed the Guarantor's maximum liability in terms of 1.

7. Payment by the Guarantor in terms of 4 or 5 shall be made within seven (7) calendar days upon receipt of the first written demand to the Guarantor.

8. The Employer shall have the absolute right to arrange his affairs with the Contractor in any manner which the Employer may deem fit and the Guarantor shall not have the right to claim his release from this Advance Payment Guarantee on account of any conduct alleged to be prejudicial to the Guarantor.

9. The Guarantor chooses the physical address as stated above for the service of all notices for all purposes in connection herewith.

10. This Advance Payment Guarantee is neither negotiable nor transferable and shall expire in terms of 2, whereafter no claims will be considered by the Guarantor. The original of this Guarantee shall be returned to the Guarantor after it has expired.

11. This Advance Payment Guarantee, with the required demand notices in terms of 4 or 5, shall be regarded as a liquid document for the purposes of obtaining a court order.

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12. Where this Advance Payment Guarantee is issued in the Republic of South Africa the Guarantor hereby consents in terms of Section 45 of the Magistrate's Courts Act No 32 of 1944, as amended, to the jurisdiction of the Magistrate's Court of any district having jurisdiction in terms of Section 28 of the said Act, notwithstanding that the amount of the claim may exceed the jurisdiction of the Magistrate's Court.

Signed at ................................................................................................................................................................................

Date .....................................................................................................................................................................................

Guarantor's signatory (1) ........................................................................................................................................................

Capacity .................................................................................................................................................................................

Guarantor's signatory (2) ........................................................................................................................................................

Capacity .................................................................................................................................................................................

Witness signatory (1) .............................................................................................................................................................

Witness signatory (2) .............................................................................................................................................................

.

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Schedule of Plant and materialsFor use with Advance Payment Guarantees on contracts using the General Conditions of Contract for Construction Works, Third Edition, 2015.

Employer The City of Cape Town, WATER AND SANITATION

Contractor ……………………………………………………………………………………………………..

Works Works Project No. 19Q/2018/19 WP-01: Shallow boreholes in TMG Aquifer (less than 500 m deep) to be executed in Section 1 under Framework Contract No. 19Q/2018/19: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

Payment Certificate No. ………….

Advance payment is requested in respect of the following items of Plant and materials, which have been manufactured and are stored at places other than the Site, or in respect of which a deposit with order is required from the Contractor by a manufacturer/supplier:

Bill of Quantities item no.

Description of Plant and materials Deposit with order required

(Y/N)

Place of storage (or manufacture, if deposit with order is required)

Unit Quantity Unit priceR c

Total PriceR c

Total Value of Plant and materials to be included in Guaranteed Advance Payment Sum R

Signed at …………………………………………………………….. on the …………………………………..day of……………..20……..

…………………………………………………………………………….. …………………………………………….for the Contractor As witness

………………………………………………………………………………Approved by Employer’s Agent

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.5 Occupational Health and Safety Agreement

AGREEMENT MADE AND ENTERED INTO BETWEEN THE CITY OF CAPE TOWN (HEREINAFTER CALLED THE “EMPLOYER”) AND

……………………....................………………………………….............…………………………. ,(Contractor/Mandatary/Company/CC Name)

IN TERMS OF SECTION 37(2) OF THE OCCUPATIONAL HEALTH AND SAFETY ACT, 85 OF 1993 AS AMENDED.

I, ……………………………………....……………………………................…………………………. , representing

……………………....................………………………………….............…………………………. , as an employer in its own right, do hereby undertake to ensure, as far as is reasonably practicable, that all work will be performed, and all equipment, machinery or plant used in such a manner as to comply with the provisions of the Occupational Health and Safety Act (OHSA) and the Regulations promulgated thereunder.

I furthermore confirm that I am/we are registered with the Compensation Commissioner and that all registration and assessment monies due to the Compensation Commissioner have been fully paid or that I/We are insured with an approved licensed compensation insurer.

COID ACT Registration Number: ……………………………………………………………………………………..

OR Compensation Insurer: ........................................................ Policy No.: .....................................................

I undertake to appoint, where required, suitable competent persons, in writing, in terms of the requirements of OHSA and the Regulations and to charge him/them with the duty of ensuring that the provisions of OHSA and Regulations as well as the Council’s Special Conditions of Contract, Way Leave, Lock-Out and Work Permit Procedures are adhered to as far as reasonably practicable.

I further undertake to ensure that any subcontractors employed by me will enter into an occupational health and safety agreement separately, and that such subcontractors comply with the conditions set.

I hereby declare that I have read and understand the Occupational Health and Safety Specifications contained in this tender and undertake to comply therewith at all times.

I hereby also undertake to comply with the Occupational Health and Safety Specification and Plan submitted and approved in terms thereof.

Signed at .......................................on the......................................day of....................................20….

_______________________ ____________________Witness Mandatary

Signed at ...................................... on the.....................................day of......................................20 ....

_______________________ ____________________Witness for and on behalf of

City of Cape Town

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.6 Protection of the Environment Declaration

PROTECTION OF THE ENVIRONMENT DECLARATION

The Contractor will not be given right of access to the Site until this form has been signed

CONTRACT NO.: 19Q/2018/19

CONTRACT TITLE: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

I/ we,...................…………………………………………......{Contractor} record as follows:

1. I/ we, the undersigned, do hereby declare that I/ we am/ are aware of the increasing requirement by society that construction activities shall be carried out with due regard to their impact on the environment.

2. In view of this requirement of society and a corresponding requirement by the Employer with regard to this Contract, I/ we will, in addition to complying with the letter of the terms of the Contract dealing with protection of the environment, also take into consideration the spirit of such requirements and will, in selecting appropriate employees, plant, materials and methods of construction, in-so-far as I/ we have the choice, include in the analysis not only the technical and economic (both financial and with regard to time) aspects but also the impact on the environment of the options. In this regard, I/ we recognise and accept the need to abide by the “precautionary principle” which aims to ensure the protection of the environment by the adoption of the most environmentally sensitive construction approach in the face of uncertainty with regard to the environmental implications of construction.

3. I/ we declare that I/ we have read and understood the contents of the Environmental Management Programme (which is comprised of the Environmental Management Specification and its Annexures) for this Contract, and that I/ we understand my/our responsibilities in terms of enforcing and implementing the Environmental Management Programme. I/ we also declare that I/ we have made appropriate provision in my/ our pricing of the Schedules of Rates items for the Environmental Management Programme.

4. I/ we acknowledge and accept the right of the Employer to deduct, should he so wish, from any amounts due to me/ us, such amounts (hereinafter referred to as fines) as the Employer’s Agent shall certify as being warranted in view of my/ our failure to comply with the terms of the Contract dealing with protection of the environment, subject to the following:

4.1 The Employer’s Agent, in determining the amount of such fine, shall take into account, inter alia, the nature of the offence, the seriousness of its impact on the environment, the degree of prior compliance/non-compliance, the extent of the Contractor's overall compliance with environmental protection requirements and, in particular, the extent to which he considers it necessary to impose a sanction in order to eliminate/reduce future occurrences

4.2 The Employer’s Agent shall, with respect to any fine imposed, provide me/ us with a written statement giving details of the offence, the facts on which the Employer’s Agent has based his assessment and the terms of the Contract (by reference to the specific clause) which has been contravened.

Signed ................................……………………………… Date........................CONTRACTOR

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TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.7 Insurance Broker’s Warranty

Pro Forma

Letterhead of Contractor’s Insurance Broker

Date ______________________________

CITY OF CAPE TOWNCity ManagerCivic Centre12 Hertzog BoulevardCape Town8001

Dear Sir

CONTRACT NO.: 19Q/2018/19

CONTRACT TITLE: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

NAME OF CONTRACTOR:________________________________________________________________

I, the undersigned, do hereby confirm and warrant that all the insurances required in terms of the abovementioned term tender contract have been issued and, in the case of blanket/umbrella policies, will be endorsed to reflect the interests of the CITY OF CAPE TOWN with regard to each Works Project contract, and that all the insurances and endorsements, etc., are all in accordance with the requirements of the contract.

I furthermore confirm that all premiums in the above regard have been paid.

Yours faithfully

Signed:

For:

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Logo

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.8 Contract of Temporary Employment as Community Liaison Officer

Not applicable for this contract.

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WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C1.9 Works Project Acceptance/Refusal Notice

This form must be returned to the offices of the Employer’s agent by no later than the closing date and time for receipt of Works Project Acceptance/Refusal Notices stated in the Works Project contract document.

I/We herewith

Accept

Refuse

the opportunity afforded to me/us by the City of Cape Town to participate in the work allocation process as set out in the Work Allocation Procedures for the work specified in the Works Project contract document.

I/We accept that no contractor will be allocated work unless the contractor has demonstrated to the satisfaction of the Employer that he has the resources, including a site specific construction manager, required for this Works Project.

I/We agree to the construction time period specified in the Scope of Work.

Declaration (to be completed by a contractor who accepts):

With reference to condition 8 in Section 2 in Schedule 23 Preferencing Schedule in Part 2.2 Returnable

Schedules in the framework contract document, I/we declare that I/we DO / DO NOT (tick one box as applicable) intend sub-contracting more than 25% of the value of the Works Project contract to sub-contractors that do not qualify for at least the points that I/we as prime contractor qualified for in my/our framework contract.

CONTRACTOR’S NAME: ………………………………………………………………………………………

AUTHORISED CONTACT PERSON (NAME): ……………………………………….…………………….

SIGNATURE: ……………………………………………………………………………………………………

DATE:……………………………….

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Tick applicable box

Part C2: Pricing Data

PagesC2.1 Pricing Assumptions...............................................................121 – 123

C2.2 Schedules of Rates..................................................................124 – 182

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CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C2.1 Pricing AssumptionsPricing Assumptions mean the criteria as set out below, read together with all Parts of this framework contract document, which it will be assumed in the contract, that the tenderer has taken into account when developing his prices (rates).

These Pricing Assumptions are applicable to the Schedules of Rates in this document. Pricing Assumptions applicable to the Bills of Quantities in Works Project contract documents are provided in such documents.

1. The method of measurement published by the South African Bureau of Standards in clause 8 of the Standardised Specifications for Civil Engineering Construction is applicable, subject to the variations and amendments contained in the section “Applicable SANS 1200 standardised specifications”.

2. Descriptions in the Schedules of Rates are abbreviated and comply generally with those in the Standardised Specifications. The measurement and payment clauses of each Standardised Specification, read together with the relevant clauses of the Scope of Work, set out what ancillary or associated activities are included in the rates for the operations specified. Should any requirements of the measurement and payment clause of the applicable Standardised Specification, or the Scope of Work, conflict with the terms of the Schedules of Rates, the requirements of the Standardised Specification or Scope of Work, as applicable, shall prevail.

3. The clauses in a specification in which further information regarding the schedule item appears under "Payment clause" in the Schedule. The reference clauses indicated are not necessarily the only sources of information in respect of scheduled items. Further information and specifications may be found elsewhere in the contract documents. Standardised Specifications are identified by the letter or letters which follow SANS in the SANS 1200 series of specifications, eg. G for SANS 1200 G.

4. Unless otherwise stated, items are measured net in accordance with the drawings, and no allowance is made for waste.

5. No quantities are set out in the Schedules of Rates and the Contractor will be required to undertake whatever quantities may be directed by the Employer’s Agent from time to time in the relevant Works Project. The final Contract Price for each completed Works Project shall be computed from the actual quantities of work done, valued at the relevant rates (refer to Clause 10 in these Pricing Assumptions in this regard).

6. Rates inserted in the Schedules of Rates are deemed to be based on Acts, Ordinances, Regulations, By-laws, International Standards and National Standards that were published 28 days before the closing date for tenders. (Refer to www.stanza.org.za or www.iso.org for information on standards).

7. The rates (excluding VAT) inserted in the Schedules of Rates shall be the full inclusive rates for the work described under the several items. Such rates shall cover all costs and expenses that may be required in and for the execution of the work described, and shall cover the cost of all general risks, liabilities, and obligations set forth or implied in the documents on which the tender is based, as well as overhead charges and profit. Reasonable rates shall be inserted as these will be used as a basis for assessment of payment for additional work that may have to be carried out.

Where the Scope of Work requires detailed drawings and designs or other information to be provided, all costs associated therewith shall be provided for and included in the rates tendered for such items.

8. A rate is to be entered against each item in the Schedules of Rates for the sections selected by the Tenderer. If a nil rate (i.e. “nil” or “0.00”) is entered against an item, it will be considered that there is no charge for that item. An item against which no rate (or rates, in the case of rate categories if provided) is/are entered, or if anything other than a rate or a nil rate (for example, a zero, a dash or the word “included” or abbreviations thereof) is entered against an item, it will also be regarded as a nil rate having been entered against that item, i.e. that there is no charge for that item.

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The Tenderer may be requested to clarify nil rates, or items regarded as having nil rates; and the Employer may also perform a risk analysis with regard to the reasonable of such rates.

9. The units of measurement described in the Schedules of Rates are metric units. Abbreviations which may be used in these Schedules of Rates are as follows:

mm = Millimetre h = hourm = Metre kg = kilogramkm = Kilometre t = ton (1000 kg)m2 = square metre No. = numberm3 = cubic metre sum = lump summ3.km = cubic metre-kilometre P C sum = Prime Cost suml = Litre Prov sum = Provisional sumkl = Kilolitre % = per centMPa = Megapascal day = Working daykPa = Kilopascal

10. Tenderers are only to price their sections of Preference as they have indicated on the relevant returnable schedule, in accordance with clauses F.1.6.1 and F.2.10.5 in Part T1.2 Tender Data.

11. Tenderers shall provide rates for the execution of items as specified in the Schedules of Rates. Unless otherwise described in the items in the Schedules of Rates, all rates (sums in particular) apply to individual Works Project contracts. Framework Contract pay items shall be initial one-off payments in the Framework Contract.

The rates provided in the Schedules of Rates shall be used in representative Works Projects for tender evaluation purposes in accordance with clause F.3.11.1 in Part T1.2 Tender Data, as well as in the allocation of individual Works Projects in accordance with Clause 2.6 in Part C1.2 Contract Data and the Procedures for the allocation of Works Projects referred to therein.

12. Tenderers shall provide rates (excluding VAT) for each required rate category (if provided) for each item specified in every schedule in the Schedules of Rates applicable to the section(s) tendered for (refer to clause F.2.10.5 in Part T1.2 Tender Data). Prime Cost and Provisional Sums will be multiplied by a factor (quantity) to be provided by the Employer at Works Project stage only.

13. Tenderers are referred to clause F.1.6.1 in Part T1.2 Tender Data with regard to working within the boundaries of the four regions identified within the City of Cape Town municipal area, as shown on the drawings and as tabled therein.

Rates submitted in the respective Schedules of Rates shall apply to Works Projects executed anywhere within the municipal area of the City of Cape Town and surrounding areas (Grabouw, Villiersdorp and Franschhoek).

14. The Employer will only order those quantities of work items, which it actually requires for execution in a Works Project from time to time. The Employer reserves the right not to order any quantities at all depending on circumstances and subject to operational requirements.

15. The procedures for allocation of Works Projects are specified in Part C1.2 Contract Data (refer to Clause 2.6).

16. Clause F.2.13.11 c) in Part T1.2 Tender Data shall be applicable to the submission of Schedules of Rates which have been priced electronically, and which the Tenderer wishes to submit as a printed version with his tender in the place of handwritten priced Schedules of Rates.

If there is found to be any variance between the printed version and the original issued document, the original shall stand. However, where Addenda have been issued which amend the Schedules of Rates, then the printed Schedules of Rates shall take these into account.

The pages of the issued Schedules of Rates should not be removed from the tender document.

17. Tenderers are referred to the Measurement and Payment section in the Environmental Management (EM) Specification in Part C3.5 in the Scope of Work for the basic principles of measurement and pricing of the EM Specification.

18. Tenderers are referred to Clause 6.8.2 in Part C1.2 Contract Data regarding contract price adjustment.

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TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C2.2 Schedules of Rates

CONTENTS PAGES

SECTION 1 : SHALLOW DRILLING IN TMG AQUIFER 125 – 142

SECTION 2 : DEEP DRILLING IN TMG AQUIFER 143 – 168

SECTION 3 : HORIZONTAL DRILLING 169 – 181

DECLARATION 182

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TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

SCHEDULES OF RATES

SECTION 1 : SHALLOW DRILLING IN TMG AQUIFER

CONTENTS

SCHEDULE A: GENERAL OBLIGATIONSSCHEDULE B: PERCUSSION BOREHOLE DRILLINGSCHEDULE C: GEOPHYSICAL AND HYDRAULIC TESTING AND BOREHOLE REHABILITATIONSCHEDULE D: ENVIRONMENTAL MANAGEMENT

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SCHEDULES OF RATES

SECTION 2 : DEEP DRILLING IN TMG AQUIFER

CONTENTS

SCHEDULE A: GENERAL OBLIGATIONSSCHEDULE B: EXPLORATION DRILLINGSCHEDULE C: PRODUCTION BOREHOLE DRILLINGSCHEDULE D: GEOPHYSICAL AND HYDRAULIC TESTING AND BOREHOLE REHABILITATIONSCHEDULE E: ENVIRONMENTAL MANAGEMENT

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TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTIONBOREHOLES IN THE TMG AQUIFER

SCHEDULES OF RATES

SECTION 3 : HORIZONTAL DRILLING

CONTENTS

SCHEDULE A: GENERAL OBLIGATIONSSCHEDULE B: CORE BOREHOLE DRILLINGSCHEDULE C: PERCUSSION BOREHOLE DRILLINGSCHEDULE D: HYDRAULIC TESTINGSCHEDULE E: ENVIRONMENTAL MANAGEMENT

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DECLARATION (In respect of completeness of Tender)

City of Cape Town Tower Block, Civic Centre12 Hertzog BoulevardCAPE TOWN

I/we, the undersigned, do hereby declare that these are the properly priced Schedule of Rates forming Part C2.2 of this Contract Document containing 58 pages in consecutive order upon which my/our tender for TENDER NO. 19Q/2018/19: TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER has been based. If I/we have submitted a printed version of the Schedules of Rates, I/we warrant that no amendments have been made to it from the original, other than amendments issued in any Addenda in terms of Clause F.3.2 in Part T1.2 Tender Data.

------------------------------------------------------------------------SIGNATURE OF TENDERER/S

------------------------------------------------------------------------DATE

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Part C3: Scope of Work

PagesC3.1 Description of the Works................................................. 184 – 187

C3.2 Engineering........................................................................188 – 189

C3.3 Procurement.......................................................................190 – 191

C3.4 Construction.....................................................................192 – 199

C3.5 Management...................................................................... 200 – 297

C3.6 Specifications................................................................... 298 – 340

C3.7 Annexes..............................................................................341 – 347

C3.8 Drawings.............................................................................348 – 351

Status

Should any requirement or provision in the parts of the Scope of Work conflict with any requirement of any Standardised Specification, particular specification or any drawings, the order of precedence, unless otherwise specified, is:

DrawingsScope of Work (Parts C3.1, C3.4, C3.5, C3.6 and C3.7)Particular SpecificationsStandardised Specifications

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.1 Description of the WorksCONTENTS

3.1.1 EMPLOYER’S OBJECTIVES3.1.2 OVERVIEW OF THE WORKS3.1.3 EXTENT OF THE WORKS3.1.4 LOCATION OF THE WORKS

3.1.1. EMPLOYER’S OBJECTIVES

The City of Cape Town intends to develop the groundwater in fractured rock aquifers in several areas across and outside the metropolitan area as an additional water resource for the bulk water supply to the City. Due to the current drought situation, the exploration and development of these aquifers is considered an emergency supply.

3.1.2. OVERVIEW OF THE WORKS

This Contract is for drilling and testing of exploration and production boreholes as well as borehole completion as will be detailed in subsequent work orders. The contract will be valid for 36 months from date of award and the works will be executed in accordance with detailed works projects based on the rates provided for in the Schedule of Rates in this tender document.

3.1.3. EXTENT OF THE WORKS

The Works carried out by the Contractor under this Contract comprise mainly of the following:

(a) Exploration drilling in fractured rock environments in several areas marked by the Engineer, using core or percussion drilling technology. The final number of boreholes and drilling depths of each site will depend on the hydrogeological conditions encountered.

(b) Percussion and or reverse circulation drilling in fractured rock environments in several areas to establish standard diameter production boreholes. The final number of boreholes and drilling depths at each site will depend on the results of the exploration boreholes and the hydrogeological conditions encountered.

(c) Percussion and or reverse circulation drilling in fractured rock environments in several areas to establish deep, wide diameter production boreholes or wells. The final number of boreholes and drilling depths at each site will depend on the results of the exploration boreholes and the hydrogeological conditions encountered.

(d) Drilling of horizontal boreholes in several areas to establish free-flowing boreholes. The final number of boreholes and drilling depths at each site will depend on the results of the exploration boreholes and the hydrogeological conditions encountered.

(e) The supply and installation of casings, well screens, couplings, end caps and all other materials such as specified and required for the work.

(f) The placing of gravel packs around screens, installation of grout seals, plinths, etc.(g) Construction of concrete plinths, manholes and fences to secure the boreholes and installed

equipment.(h) Geophysical down-hole testing of exploration boreholes(i) Hydraulic testing of the production boreholes.(j) The supply and installation of wellheads, as specified and required for the works.(k) The supply and installation of monitoring equipment.(l) Cleaning and rehabilitation of existing boreholes.(m) Environmental management of the construction areas during construction.(n) Compliance with the requirements of the OHS Act.

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The description of the Works is not necessarily complete and shall not limit the work to be carried out by the Contractor under this Contract.

The summarised technical requirements associated with the above are described in more detail below.

Drilling

Exploration Drilling – fractured rock environments

In general, all exploration core drilling shall be at least NQ, and all percussion drilling shall at least be 165 mm ID. Either standard percussion or rotary core technology may be employed, as approved by the Engineer.

(a) The drilling size may only be altered with the approval of the Engineer.(b) The drilling operation shall secure continuous geological profile whenever possible.

Production Drilling – fractured rock environments

(a) This will entail the drilling of larger diameter boreholes into the fractured rock aquifers for production purposes.

1. Standard production boreholes will be completed at a minimum end-diameter of at least 165 mm ID, or as specified by the Engineer;

2. Deep, wide diameter boreholes will be drilled at 300 to 400 mm diameter and completed at least at 200 mm ID, or as specified by the Engineer.

(b) All boreholes shall be drilled and cased straight and vertical and all casing and liners shall be set round, plumb and true in line. Plumbness and alignment must be tested by lowering into the boreholes, to a depth directed by the Engineer, a section of pipe 10 m long or a dummy of the same length. The outer diameter of the plumb shall not be more than 10 mm smaller than the diameter of that part of the casing or borehole being tested.

General

(a) The Engineer shall be kept informed of the progress made and of changes in drilling formations, drill rate and the occurrence of water strikes and their associated yields by means of meticulous written records kept by the Contractor.

(b) The Contractor will be responsible for the construction of boreholes, including decisions on aspects such as the required drilling diameter and the reduction thereof, and the installation and placement of casing. All decisions in this regard must, however, be communicated to the Engineer for agreement, and may be modified as dictated by geological conditions and the interests of the project, after consultation with the Contractor.

Horizontal Drilling

In general, all horizontal drilling shall be at least 125mm ID. Either standard percussion or rotary core technology may be employed, as approved by the Engineer.

(a) The drilling size may only be altered with the approval of the Engineer.(b) The drilling operation shall secure continuous geological profile whenever possible.

Hydraulic testing

After completion of the pilot production boreholes, hydraulic testing shall be undertaken at these boreholes. These shall comprise step drawdown, constant discharge and recovery tests per selected borehole as described below. Since it is expected that the production boreholes will be artesian and free flowing, if not capped, the hydraulic testing method must account for these circumstances.

(a) Step drawdown tests shall be conducted on each of the large diameter percussion boreholes as part of the test pumping. Unless otherwise stated or instructed by the Engineer, step tests will comprise between 5 and 8 steps of 100 minutes duration each with increasing discharge, continuously executed with no recovery in between. A recovery test, if so decided upon by the Engineer, may be undertaken at the end of the Step Test.

(b) Constant Discharge tests shall be conducted on selected large diameter percussion boreholes and shall be executed according to BS 6316. The Constant Discharge Tests shall be at least for 72 hours (SABS standard), but preferably for about 2 weeks. For these tests, the Contractor must be in

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possession of at least two pumps for the execution of the work. At least one pump must be capable of delivering at least 50 ℓ/s from 100 m depth below ground level.

(c) A full recovery test must be undertaken at the cessation of each Constant Discharge Test. The duration of this test should be long enough to allow the static water level to return to within at least 95% of the original static water level of the borehole. Recovery tests should end only after the Engineer has given permission for such.

(d) In addition to these standard tests, it is expected to undertake a long-term constant discharge test with delivery of the water into a modular treatment works provided by others.

(e) Unless otherwise stated or instructed by the Engineer, all the water level readings, water flow measurements, etc., will be taken by the Contractor under supervision by the Engineer. Water level measurements shall be taken in the abstraction borehole and selected monitoring boreholes in the vicinity of the abstraction borehole with an electrical contact gauge accurate to 5 mm, or an automatic digital recording device. All flow measurements shall be done by a totalising meter and/or induced flow meter, installed in the discharge pipe close to the abstraction borehole, as well as volumetrically using preferably an orifice weir or, alternatively, containers of appropriate capacity to accurately measure lower yields (< 40 ℓ/s) with a stopwatch or higher yields (> 40 ℓ/s) with a V-notch or U-notch.

(f) Unless otherwise stated or instructed by the Engineer, all water pumped during the test pumping operations must be properly piped away from the Site in a manner approved by the Engineer. To prevent recirculation and environmental damage to river reaches, the distance for the discharge of the water will vary between 200 and 500 metres depending on the hydrogeological and ecological conditions of the site and the duration of the test.

Borehole Cleaning and Rehabilitation

The services to be rendered are the mechanical and or chemical cleaning of existing boreholes.

The Contractor shall undertake a situation assessment prior to the works (borehole camera) and final measurements after cleaning (borehole camera, profiling and or hydraulic testing). The Contractor must ensure that all the required equipment to undertake the measurements, as specified below, is readily available on site when required.

The following methods are anticipated for cleaning and rehabilitation:

Mechanical cleaning through re-drilling Mechanical cleaning through brushing Mechanical cleaning through high-pressure water spray Chemical cleaning

Borehole Completion

(a) Completed exploration/monitoring boreholes must be fitted with tamper-proof, lockable steel lids.(b) Completed production boreholes must be fitted with a suitable well head to allow for installation of

borehole pump and ancillary monitoring equipment.(c) The well head shall comprise at least a manual valve, a sampling tap, allowance for fitting a

pressure gauge.(d) The boreholes shall, if required by the Engineer, be equipped with concrete plinths of at least 1.5 m

x 3.0 m x 0.3 m.(e) The borehole casing shall extend not higher than 300 mm above the concrete plinth.(f) A suitably sized manhole cover or similar shall be erected on top of the plinth to house the wellhead

and protect the equipment from vandalism and weather conditions.(g) A security fence or steel cage must be installed to protect the borehole from vandalism.(h) A borehole number allocated by the Engineer must be inscribed, together with the total depth of the

borehole, on a metal plate fixed to both the concrete plinth and the casing of all completed boreholes.

(i) If required by the Engineer, a yellow painted steel pipe (±75 mm diameter) standing 1.8 m tall above ground shall be erected a distance of 10 m north of the borehole. The pipe shall be set a depth of at least 500 mm in a concrete block firmly embedded in the ground.

(j) Special pillars and mounts for geodetic monitoring shall be installed at selected existing and new boreholes.

The design for the well head must be approved by the Engineer prior to installation.

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The Works that are to be carried out will be specified in Works Project contract documents as and when required and as provided for in the Bills of Quantities therein. However, if during the course of construction conditions are found to differ from those anticipated, the Employer’s Agent may modify the scope of the work to suit the prevailing conditions and circumstances.

3.1.4. LOCATION OF THE WORKS

The works will be carried out in several areas across and outside the metropolitan area as identified by the Engineer and indicated in Figure 1 to 3 (see C3.8 Drawings).

Access to the sites is generally along existing roads or dirt tracks. However, access to some sites could be problematic especially if wet conditions are encountered. Certain of the drill sites might not be located along access tracks and will require construction of access tracks to the sites. The new access tracks are generally shorter than 100 m. Furthermore, environmental considerations may restrict access of a standard truck-mounted drill rig to some drill sites.

Notwithstanding that access to the site is described above, the Contractor will be held responsible to have satisfied himself with regard to existing access roads, and shall make suitable provision for the accessibility to the sites.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.2 Engineering

CONTENTS

1. DESIGN2. EMPLOYER’S DESIGN3. CONTRACTOR’S DESIGN4. DRAWINGS ISSUED WITH THIS DOCUMENT

1. DESIGN

(a) The Employer is responsible for the design of the permanent Works as reflected in the Contract Documents unless otherwise stated.

(b) The Contractor is responsible for the design of the temporary Works and their compatibility with the permanent Works.

(c) The Contractor shall supply all details necessary to assist the Engineer in the compilation of the as-built drawings.

2. EMPLOYER’S DESIGN

The permanent works included in this contract have been designed by the Employer. The detail of the works is indicated on the drawings and in the specifications. The Tenderer may submit alternative offers for designs prepared by him subject to the conditions specified in the Contract Data.

3. CONTRACTER’S DESIGN

The Contractor shall be responsible for the design of the temporary Works as defined in C3.2.1(b).

Where the Contractor is to supply the design of designated parts of the permanent Works or temporary Works he shall supply full working drawings supported by a professional engineer’s design certificate.

4. DRAWINGS ISSUED WITH THIS DOCUMENT

The Contractor shall use the dimensions stated in figures on the Drawings in setting out the Works; they shall not be scaled from the Drawings, unless required by the Engineer. The Engineer will, on the request of the Contractor in accordance with the provisions of the Conditions of Contract, provide such dimensions as may have been omitted from the Drawings.

The Contractor shall ensure that accurate as-built records are kept of all infrastructure installed or relocated during the Contract. The position of manholes, boreholes and all other underground infrastructure shall be given either by co-ordinates, or stake value and offset. Where necessary, levels shall also be given. A marked-up set of drawings shall also be kept and updated by the Contractor. This information shall be supplied to the Engineer's Representative on a regular basis.

All information in possession of the Contractor, required by the Engineer and/or the Engineer’s Representative to complete the as-built/record drawings, must be submitted to the Engineer's Representative before a Certificate of Completion will be issued.

The Drawings prepared by the Employer for the permanent Works are listed below and are issued for tendering purposes. They are issued separately to this document and must be regarded as provisional and preliminary for Tenderers to generally assess the scope of work.

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The Contractor shall be entitled to receive free of charge, two full size A1 and one A3 copies of each such drawings and to receive, at the cost of reproduction, such additional copies as he shall reasonably require.

One copy of all drawings shall be kept on the Site and be available for perusal by the Engineer or any person authorised by him.

The Contractor shall, in accordance with the Engineer’s instructions, maintain a register on the Site of all drawings and revisions thereof in the chronological order in which they are delivered to him.

At commencement of the contract, the Engineer shall deliver to the Contractor copies of the drawings for construction purposes and any instructions required for the commencement of the works. From time to time thereafter during the progress of the works, the Engineer will issue further drawings as may be necessary for adequate construction, completion and defects correction of the works. The work shall be carried out in accordance with the latest available revision of the drawings

The Employer reserves the right to issue amended and/or additional drawings during the Contract.

The drawings applicable to the contract, and which are issued with this tender document, are included under C3.8 Drawings.

Contract 189 C3.2Part C3: Scope of Work EngineeringReference No. 19Q/2018/19

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.3 Procurement

CONTENTS

3.3.1 PREFERENTIAL PROCUREMENT3.3.2 SUB-CONTRACTING PROCEDURES

3.3.1 PREFERENTIAL PROCUREMENT

The Works, and Works Projects, shall be executed in accordance with the conditions associated with the granting of preferences detailed in the Preference Schedule where preferences are granted in respect of B-BBEE contribution.

The declarations made in the Preference Schedule of the framework contract will be used in the evaluation of tender offers as described in clause F.3.11 in Part T1.2 Tender Data. Once appointed to a panel, Contractors will be required, as applicable, to complete the declaration in respect of sub-contractors in the Works Project Acceptance/Refusal Notice for the particular Works Project, in accordance with clauses P.2.1.4 and P.3.4 in Part A1.2 Work Allocation Procedures in the Works Project contract document.

Financial penalties, as described in the Preference Schedule, shall be applied in the event that the Contractor is found to have breached and of the conditions contained in the Preference Schedule (unless proven to be beyond the control of the Contractor)

Notwithstanding the application of penalties, the Contractor’s attention is drawn to other sanctions that may be applied by the Employer (listed in the Preference Schedule) with due consideration to the circumstances.

3.3.2 SUB-CONTRACTING PROCEDURES

3.3.2.1 Monitoring the use of sub-contractors

Notwithstanding the restriction on sub-contracting as described on the Preference Schedule, it is recognised that sub-contracting is an integral part of construction, which the conditions of contract make provision for.

In order, however, to comply with the requirements of the Preference Schedule, the Contractor shall submit to the Employer’s Agent, on a monthly basis, a B-BBEE Sub-Contract Expenditure Report. The format of this report is provided in Annex 2 attached.

The Contractor shall submit to the Employer’s Agent documentary evidence in accordance with the applicable codes of good practise of the B-BBEE status level of every sub-contractor employed by the Contractor. Until such time as documentary evidence as described above has been submitted to the Employer’s Agent, a sub-contractor shall be deemed to be a non-compliant contributor. The Contractor shall furthermore, on the written request of the Employer’s Agent, provide documentary evidence showing the value of work sub-contracted to any or all of the sub-contractors employed by the Contractor.

3.3.2.2 Procedure for the selection of sub-contractors/suppliers

Where monetary allowances for provisional sums or prime cost items have been provided in the Bills of Quantities in the Works Project contract document, and where the work or items to which the allowances relate are to be executed/supplied by sub-contractors/suppliers, then the following selection process shall be followed in respect of the required sub-contractors/suppliers:

Where the monetary allowance is less than or equal to R200 000, the Contractor shall invite three quotations from suitably qualified sub-contractors/suppliers for the required work or items. The selection of the three sub-contractors/suppliers shall be in consultation with, and to the approval of the Employer’s

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Agent. The evaluation of the quotations received must include a preference points system as described in F.3.11 of the Tender Data.

Where the monetary allowance is in excess of R200 000, an open competitive tender process shall be followed in respect of the selection of a sub-contractor/supplier for the required work or items. In such circumstances, tender documentation will be prepared by the Employer’s Agent in consultation with and to the approval of the Contractor, invitations to tender will be advertised in the media by the Employer’s Agent on behalf of the Contractor, and a sub-contractor/supplier will be selected from the responses received, by the Contractor and Employer’s Agent in consultation. The evaluation of the offers received must include a preference points system as described in F.3.11 of the Tender Data. The Contractor must satisfy him/herself that the selected sub-contractor/supplier can meet the requirements of the sub-contract /supply agreement and may, on reasonable grounds, elect not to employ a particular sub-contractor/supplier.

In both instances above (less than or equal to R200 000 or in excess of R200 000), the contractual relationship between the Contractor and sub-contractor/supplier shall be as described in Clause 4.4.3 of the General Conditions of Contract.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.4 ConstructionCONTENTS

1. SPECIFICATIONS2. SITE ESTABLISHMENT3. PLANT AND MATERIALS4. CONSTRUCTION EQUIPMENT5. PROGRAMME

1. SPECIFICATIONS

1.1 Applicable SANS 1200 Standardized Specifications

The SANS 1200 Standardized Specifications Applicable to this contract are listed in C3.6.1.

1.2 Particular Specifications

The Particular Specifications for work not covered by the SANS 1200 Standardized Specifications are listed in C3.6.2.

2. SITE ESTABLISHMENT

2.1 Services and facilities provided by the Employer

(a) Water sources

There is no reticulated water supply available in close proximity to the project area

The Contractor shall, in accordance with the provisions of subclause C3.4.2.2(b), and at his own cost, make all arrangements necessary for the supply and distribution of water required for construction purposes as well as for use in and about his site establishment and for human consumption.

(b) Electricity supply

There is no reticulated electrical power supply available in close proximity to the project area

The Contractor shall, in accordance with the provisions of subclause C3.4.2.2(c), and at his own cost, make all arrangements necessary for the supply and distribution of electrical power required for construction purposes as well as for use in and about his site establishment.

The Contractor shall comply with all prevailing legislation in respect of the generation and distribution of electricity and shall, when required by the Engineer, produce proof of such compliance.

(c) Excrement disposal

No water-borne sewage or other off-site excrement disposal systems are available in the vicinity of the Site.

(d) Area for Contractor’s site establishment

A specific area in close proximity to the Site of the Works, will be made available by the Employer to the Contractor for the Contractor’s site establishment. The specific area for the Contractor’s site establishment will be identified to the Contractor by the Engineer and the Contractor shall have sole use of such area, free of charge, for the duration of the Contract. The Contractor shall use this area only for the purposes of erecting his site offices, workshops, stores and other facilities

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required for the execution of the Contract. The Contractor shall not use the area nor allow it to be used for any purposes not directly associated with the execution of the Contract.

The Contractor shall be responsible for arranging, at his own cost, for the provision of all services he may require in the area, as well as elsewhere on the Site.

Should the Contractor deem the area made available by the Employer to be inadequate or unsuitable for the Contractor’s particular needs, then the Contractor shall be at liberty to make his own arrangements with the owners of other sites which he considers are better suited to his needs; provided always that the use by the Contractor of any area other than that made available to him by the Employer shall be subject to the prior written approval of the Engineer, which approval shall not be unreasonably withheld; and provided further that the Contractor shall have no claim against the Employer in respect of any costs incurred by him, either directly or indirectly in consequence of utilising any area other than that made available to him by the Employer, and which costs exceed those costs allowed for by the Contractor in his Tender.

2.2 Facilities provided by the Contractor

(a) Facilities for the Engineer

No Facilities are required for the Engineer.

(b) Water

The Contractor shall, at his own expense, be responsible for obtaining and distributing all water as may be required for the purposes of executing the Contract, including water for both construction purposes and domestic use, as well as for making all arrangements in connection therewith. The Contractor shall further, at his own expense, be responsible for providing all necessaries for procuring, storing, transporting and applying water required for the execution of the Contract, including but not limited to all piping, valves, tanks, pumps, meters and other plant and equipment, as well as for all work and superintendence associated therewith.

The sources of all water utilised for the purposes of the Contract shall be subject to the prior approval of the Engineer, which approval shall not be unreasonably withheld.

The Contractor shall comply with all prevailing legislation in respect of drawing water from natural and other sources and shall, when required by the Engineer, produce proof of such compliance. The distribution of water shall be carried out by the Contractor strictly in accordance with the applicable laws and regulations.

All water provided by the Contractor for construction purposes shall be clean, free from undesirable concentrations of deleterious salts and other materials and shall comply with any further relevant specifications of the Contract. The Contractor shall, whenever reasonably required by the Engineer, produce test results demonstrating such compliance. Water provided by the Contractor for human consumption shall be healthy and potable to the satisfaction of the health authorities in the area of the Site.

No separate payment will be made to the Contractor for the obtainment, distribution and consumption of water, the costs of which will be deemed to be included in the Contractor’s tendered rates.

(c) Electricity

The Contractor shall, at his own expense, be responsible for obtaining and distributing all electricity as he may require for the purposes of executing the Contract, including electricity for both construction purposes and domestic use, as well as for making all arrangements in connection therewith.

The distribution of electricity shall be carried out by the Contractor strictly in accordance with the applicable laws and regulations.

No separate payment will be made to the Contractor for the obtainment, distribution and consumption of electricity, the costs of which will be deemed to be in the Contractor’s tendered rates and prices.

(d) Excrement disposal

The Contractor shall, at his own expense, be responsible for safely and hygienically dealing with and disposing of all human excrement and similar matter generated on the Site during the course

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of the Contract, to the satisfaction of the Engineer and the responsible health authorities in the area of the Site.

The Contractor shall further comply with any other requirements in this regard as may be stated in the Contract.

No separate payment will be made to the Contractor in respect of discharging his obligations in terms of this subclause and the costs thereof shall be deemed to be included within the Contractor’s tendered Preliminary and General Items.

2.3 Site usage

The Contractor’s employees will not be allowed to stay on site except for the duration of a working day. The only person to be allowed on site for the duration of a calendar day will be the site security.

2.4 Permits and wayleaves

The Contractor shall be responsible for obtaining all of the necessary wayleaves, permissions or permits applicable to working near any existing services or other infrastructure on Site, and shall ensure that any wayleaves, permissions or permits obtained by the Employer’s Agent prior to the award of the contract are transferred into the Contractor’s name.

The Contractor shall abide by any conditions imposed by such wayleaves, permissions or permits.

The Contractor shall ensure that all wayleaves, permissions and permits are kept on site and are available for inspection by the relevant service authorities on demand.

The Contractor shall also ensure that any wayleaves in respect of electricity services are renewed timeously every three months.

2.5 Features requiring special attention

(a) Site maintenance

During progress of the work and upon completion thereof, the Site of the Works shall be kept and left in a clean and orderly condition. The Contractor shall store materials and equipment for which he is responsible in an orderly manner, and shall keep the Site free from debris and obstructions.

(b) Testing and quality control

(i) Contractor to engage services of an independent laboratory

Notwithstanding the requirements of the Specifications pertaining to testing and quality control, the Contractor shall engage the services of an approved independent laboratory to undertake all testing of materials, the results of which are specified in, or may reasonably be inferred from, the Contract. These results will be taken into consideration by the Engineer in deciding whether the quality of materials utilised and workmanship achieved by the Contractor comply with the requirements of the Specifications. The afore going shall apply irrespective of whether the specifications indicate that the said testing is to be carried out by the Engineer or by the Contractor.

The Contractor shall be responsible for arranging with the independent testing laboratory for the timeous carrying out of all such testing specified in the Contract, at not less than the frequencies and in the manner specified. The Contractor shall promptly provide the Engineer with copies of the results of all such testing carried out by the independent laboratory.

For the purposes of this clause, an "independent laboratory" shall mean an "approved laboratory" (as defined in subclause 7.2 of SANS 1200 A) which is not under the management or control of the Contractor and in which the Contractor has no financial interest, nor which has any control or financial interest in the Contractor.

(ii) Additional testing required by the Engineer

In addition to the provisions of subclause C3.4.2.5(b)(i): Contractor to engage services of an independent laboratory, the Engineer shall be entitled at times during the Contract to require that the Contractor arrange with the independent laboratory to carry out any such tests, additional to those described in subclause C3.4.2.5(b)(i), at such times and at such locations in the Works as the Engineer shall prescribe. The Contractor shall promptly and without

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delay arrange with the independent laboratory for carrying out all such additional testing as required by the Engineer, and copies of the test results shall be promptly submitted to the Engineer.

(iii) Costs of testing

(a) Tests in terms of subclause C3.4.2.5(b)(i)

The costs of all testing carried out by the independent laboratory in accordance with the requirements of subclause C3.4.2.5(b)(i), above shall be borne by the Contractor and shall be deemed to be included in the tendered rates and prices for the respective items of work as listed in the Bill of Quantities and which require testing in terms of the Specifications. No separate payments will be made by the Employer to the Contractor in respect of any testing carried out in terms of subclause C3.4.2.5(b)(i).

Where, as a result of the consistency of the materials varying or as a result of failure to meet the required specifications for the work, it becomes necessary to carry out additional tests (e.g. re-tests on rectified work and/or replacement materials), the costs of such additional testing shall be for the Contractor’s account.

(b) Additional tests required by the Engineer

The costs of any additional tests required by the Engineer in terms of subclause C3.4.2.5(b)(ii): Additional testing required by the Engineer, shall be reimbursed to the Contractor against substitution of the Provisional Sum allowed therefore in the Bill of Quantities; provided always that the costs of any such additional tests ordered by the Engineer, the results of which indicate that the quality of the materials utilised and/or the standard of workmanship achieved are/is not in accordance with the specifications, shall not be reimbursable to the Contractor.

(c) Subcontractors

All matters pertaining to subcontractors (including Nominated Subcontractors) and the work executed by them shall be dealt with directly between the Engineer and the Contractor in the context of all subcontract work being an integral part of the Works for which the Contractor is responsible.

The Engineer will not liaise directly with any subcontractors nor will he issue instructions concerning the subcontract works directly to any subcontractor.

All matters arising from the subcontract agreements shall be dealt with directly between the Contractor and the subcontractors and the Engineer will not become involved.

(d) Access to properties

The Contractor shall organise the work to cause the least possible inconvenience to the public and to the property owners adjacent to or affected by the work, and except as hereunder provided, shall at all times provide and allow pedestrian and vehicular access to properties within or adjoining or affected by the area in which he is working. In this respect the Contractor's attention is drawn to Clause 8.1.2 of the Conditions of Contract (GCC 2015).

If, as a result of restricted road reserve widths and the nature of the work, the construction of bypasses is not feasible, construction shall be carried out under traffic conditions to provide access to erven and properties.

(e) Existing residential areas

Not applicable.

(f) Employment of local labour

Refer to C3.5 Management for the requirements on the use of local labour.

(g) Monthly statements and payment certificates

The statement to be submitted by the Contractor in terms of Clause 6.10 (GCC 2015) of the Conditions of Contract shall be prepared by the Contractor at his own cost, strictly in accordance with the standard payment certificate prescribed by the Engineer, in digital electronic computer format (MS Excel 2010 or 2013). The Contractor shall, together with a copy of the digital electronic computer file of the statement, submit two (2) A4 size paper copies of the statement.

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For the purposes of the Engineer’s payment certificate, the Contractor shall subsequently be responsible, at his own cost, for making such adjustments to his statement as may be required by the Engineer for the purposes of accurately reflecting the actual quantities and amounts which the Engineer deems to be due and payable to the Contractor in the payment certificate.

The Contractor shall, at his own cost, make the said adjustments to the statement and return it to the Engineer within three (3) normal workings days from the date on which the Engineer communicated to the Contractor the adjustments required. The Contractor shall submit to the Engineer five (5) sets of A4 size paper copies of such adjusted statement, together with a copy of the electronic digital computer file thereof.

Any delay by the Contractor in making the said adjustments and submitting to the Engineer the requisite copies of the adjusted statement for the purposes of the Engineer’s payment certificate will be added to the times allowed to the Engineer in terms of Clause 6.10.4 (GCC 2010) of the Conditions of Contract to submit the signed payment certificate to the Employer and the Contractor. Any such delay will also be added to the period in which the Employer is required to make payment to the Contractor.

(h) Construction in restricted areas

Working space is sometimes restricted. The construction method used in these restricted areas largely depends on the Contractor's Plant. Notwithstanding, measurement and payment will be strictly according to the specified cross-sections and dimensions irrespective of the method used, and the rates and prices tendered will be deemed to include full compensation for any difficulties encountered by the Contractor while working in restricted areas. No extra payment nor any claim for payment due to these difficulties will be considered.

(i) Notices, signs, barricades and advertisements

All notices, signs and barricades, as well as advertisements, may be used only if approved by the Engineer. The Contractor shall be responsible for their supply, erection, maintenance and ultimate removal and shall make provision for this in his tendered rates.

The Engineer shall have the right to instruct the Contractor to move any sign, notice or advertisement to another position, or to remove it from the Site of the Works if in his opinion it is unsatisfactory, inconvenient or dangerous.

(j) Workmanship and quality control

The onus to produce work that conforms in quality and accuracy of detail to the requirements of the Specifications and Drawings rests with the Contractor, and the Contractor shall, at his own expense, institute a quality control system and provide suitably qualified and experienced engineers, foremen, surveyors, materials technicians, other technicians and technical staff, together with all transport, instruments and equipment to ensure adequate supervision and positive control of the Works at all times.

The cost of supervision and process control, including testing carried out by the Contractor, will be deemed to be included in the rates tendered for the related items of work.

The Contractor's attention is drawn to the provisions of the various Standardized Specifications regarding the minimum frequency of testing required. The Contractor shall, at his own discretion, increase this frequency where necessary to ensure adequate control.

On completion and submission of every part of the work to the Engineer for examination and measurement, the Contractor shall furnish the Engineer with the results of the relevant tests, measurements and levels to demonstrate the achievement of compliance with the Specifications.

(k) Protection of the Environment

The Contractor shall comply with the provisions of the Environmental Plan as contained under C3.6.2: Standard and Particular Specifications.

(l) Health and Safety

In addition to Subclause 5.7 of SANS 1200 A and the General Health and Safety Specification, the Contractor shall comply with the Occupational Health and Safety Act (Act No 85 of 1993) (OHS Act) and in particular it’s Construction Regulations, 2014.

(m) Workers Living Conditions

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In addition to the General Health and Safety Specification, the Contractor shall provide adequate living quarters for the field staff and workers on the drilling sites at a location approved by the Employer.

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(n) Artesian flow conditions The Contractor shall take cognisance thereof that groundwater under pressure is expected to be encountered. All artesian flowing boreholes shall be equipped with a removable sealed cap fitted with a flow control valve, a sampling tap and a facility to fit a pressure gauge.

2.6 Extension of time due to abnormal rainfall

Refer to Clause 5.12.2.2 under C1.2 Contract Data.

3. PLANT AND MATERIALS

3.1 Plant and materials supplied by the employer

The Employer shall not supply any plant or materials.

3.2 Materials, samples and shop drawings

(a) Samples

Materials or work which do not conform to the approved samples submitted in terms of Clause 7.4.1 of the Conditions of Contract, will be rejected. The Engineer reserves the right to submit samples to tests to ensure that the material represented by the sample meets the specification requirements.

The costs of any such tests conducted by or on behalf of the Engineer, the results of which indicate that the samples provided by the Contractor do not conform to the requirements of the Contract, shall, in accordance with the provisions of Clause 7.4.4 of the Conditions of Contract, be for the Contractor’s account.

4. CONSTRUCTION EQUIPMENT

4.1 Requirements for equipment

Equipment must be such that the work can be executed in an efficient manner.

4.2 Equipment provided by the employer

No equipment shall be provided by the Employer.

5. PROGRAMME

5.1 Preliminary programme

The preliminary programme submitted as part of the Tender shall be in the form of a simplified bar chart with sufficient details to show clearly how the works will be performed within the time for completion as stated in the Contract Data.

Tenderers may submit tenders for an alternative Time for Completion in addition to a tender based on the specified Time for Completion. Each such alternative tender shall include a preliminary programme similar to the programme above for the execution of the works, and shall motivate his proposal clearly by stating all the financial implications of the alternative completion time.

The Contractor shall be deemed to have allowed fully in his tendered rates and prices as well as in his programme for all possible delays due to normal adverse weather conditions and special non-working days as specified in the Special Conditions of Contract, in the Particular Specifications, Amendments and in the Contract Data.

5.2 Programme in Terms of Clause 5.6 of the General Conditions of Contract 2015

Submitted programme

It is essential that the construction programme, which shall conform in all respects to Clause 5.6 of the General Conditions of Contract 2015, be furnished within the time stated in the Contract Data. The preliminary programme to be submitted with the tender shall be used as basis for this programme. The Contractor's attention is also drawn to Clause 5.7 of the General Conditions of Contract 2015.

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The Contractor shall indicate on the programme all critical path activities. In this regard, the Contractor’s attention is drawn to Clause 5.12.1 of the General Conditions of Contract, where consideration will only be given to claims for extension of time associated with critical path activities.

The Contractor’s planning, programme and method statements are to comply with the following:

(a) The programme shall be prepared in bar (Gantt) chart form, preferably using a project management software tool such as Microsoft Project and shall be issued to the Engineer in both hard copy and electronic format. The programme shall be structured to cover all items of work conceivable including all work to be done by Sub-Contractors and shall clearly indicate the critical path.

(b) The programme must clearly show the intermediate milestone dates to be achieved taking the indicative construction sequences into account.

(c) Irrespective of any constraints, the Contractor shall be responsible for the construction management, timing and sequence of the works, so as to avoid the repair or reinstatement (or both) of completed works or damage to existing works.

(d) Regular meetings must be held with the Engineer.(e) Method statements shall be prepared in accordance with the requirements of the project

specifications.(f) The period of notice shall be a minimum of one working day whenever any material or work

which is subject to inspection is to be covered up or concealed in any way, and the Contractor shall expose and later make good such material or work where such notice was not so provided.

(g) Where the scope of work is not complete in all respects at the commencement of the contract, the Contractor and the Employer shall work together to identify the outstanding scope of work and agree upon reasonable dates for the Contractor to be furnished with such information.

In addition to the requirements of Clause 5.6.1 of the General Conditions of Contract 2010, the Contractors' programme shall show:

(a) the various activities, related to a time scale, for each element of the Works, in sufficient detail to be able to assess construction progress,

(b) critical path activities and their dependencies,(c) key dates in respect of work to be carried out by others, and(d) key dates in respect of information to be provided by the Engineer and/or others.

If any change to the critical path occurs, the Contractor shall as soon as practicable notify the Engineer in writing.

The Contractor shall submit an updated project programme at each site meeting indicating actual versus scheduled progress and the aggregate progress, along with a written progress report.

The Contractor's programme and method statement will not be accepted as the basis for claims for additional compensation without due reference to all relevant associated factors.

General allowances

When drawing up his programme, the Contractor shall, take into consideration and make allowance for, inter alia:

(a) expected weather conditions and their effects,(b) known physical conditions including ground stability, access tracks, working space and

groundwater or artificial obstructions, etc.(c) searching for, dealing with and carrying out alterations to existing services,(d) the accommodation and safeguarding of public access and traffic,(e) the provision and implementation of the health and safety plan in terms of the Construction

Regulations, 2014 of the Occupational Health and Safety Act,(f) standing time for geophysical logging and hydraulic testing,(g) the restricted working areas,(h) the environmental requirements, and(i) the requirements as detailed below.

Review of progress

The Contractor shall review his progress each month and should progress lag behind the latest accepted programme by more than 2 weeks, he shall submit a revised programme and method statement of how he proposes to make up the lost time. If, in the opinion of the Engineer, such revised programme will not make up the lost time, the Engineer shall have the right to request the Contractor to reorganise his work in a manner which will ensure an acceptable programme. Claims for additional payment to meet any costs incurred due to such reorganisation will not be accepted.

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5.3 Time for completion

The Contract Period shall be stipulated by the Employer in the Conditions of Contract for each work package.

The Contractor is expected to make provision under the programme and relevant equipment schedule for adequate resources to meet the above requirement.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.5 ManagementCONTENTS

3.5.1. FORMS FOR CONTRACT ADMINISTRATION3.5.2 PARTICIPATION OF TARGETED LABOUR3.5.3. COMMUNITY LIAISON OFFICER3.5.4. PARTICIPATION OF TARGETED ENTERPRISES3.5.5. ENVIRONMENTAL MANAGEMENT PROGRAMME3.5.6. HEALTH AND SAFETY

3.5.1 FORMS FOR CONTRACT ADMINISTRATION

The Contractor shall complete, sign and submit with each monthly statement for payment in respect of each Works Project contract, the following updated returns (the format of which are attached in C3.6 Annexes):

a) Monthly Project Labour Report (Annex 1)b) B-BBEE Sub-Contract Expenditure Report (Annex 2)c) Joint Venture Expenditure Report (Annex 3)d) Targeted Labour Contract Participation Expenditure Report (Annex 4)e) Targeted Enterprises Contract Participation Expenditure Report (Annex 5)

The Monthly Project Labour Report must include details of all labour (including that of sub-contractors) that are South African citizens earning less than R350.00 per day, as adjusted from time to time (excluding any benefits), who are employed on a temporary or contract basis on this contract in the month in question.

In addition to the Monthly Project Labour Report the Contractor shall simultaneously furnish the Employer’s Agent with copies of the signed employment contracts entered into with such labour, together with certified copies of identification documents as well as evidence of payments to such labour in the form of copies of payslips or payroll runs. If the worker is paid in cash or by cheque, this information must be recorded on the envelope and the worker must acknowledge receipt of payment by signing for it and proof of such acknowledgement shall be furnished to the Employer’s Agent.

The Monthly Project Labour Reports shall be completed and submitted in accordance with the instructions therein and copies of all submitted documents must be kept on site be made available to the employer’s agent upon request.

The B-BBEE Sub-Contract Expenditure Report is required for monitoring the prime contactor’s compliance with the sub-contracting conditions of the Preference Schedule.

The Joint Venture Expenditure Report is required for monitoring the joint venture’s compliance with the percentage contributions of the JV partners as tendered, where the joint venture has been awarded preference points in respect of its consolidated B-BBEE scorecard.

The Targeted Labour Contract Participation Expenditure Report is required for monitoring the contractor’s compliance for achieving the specified minimum targeted labour contract participation goal (CPGL) and, if applicable, for calculating any penalty in terms thereof.

The Targeted Enterprises Contract Participation Expenditure Report (if applicable) is required for monitoring the contractor’s compliance for achieving the specified minimum targeted enterprises contract participation goal (CPGE) and, if applicable, for calculating any penalty in terms thereof.

The Expenditure Reports shall be verified by the Employer’s Agent/Employer’s Agent’s Representative.

In respect of Annexes 2 and 3, the Employer shall, in addition to any other sanctions available to it, apply the financial penalties applicable to breach of preferencing conditions in the Preference Schedule in

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Part T2.2 Returnable Schedules. In the case of joint ventures (Annex 3), the contractor shall prove his compliance with item 6) in Section 2 of the Preference Schedule by providing a consolidated scorecard at his own cost on instruction from the Employer’s Agent.

3.5.2 PARTICIPATION OF TARGETED LABOUR

3.5.2.1 Minimum targeted labour contract participation goal

In support of the National Department of Public Works’ Expanded Public Works Programme which is aimed at alleviating poverty through the creation of temporary employment opportunities using labour intensive methodologies and practices where possible, the Employer is seeking to increase the intensity of labour, as appropriate, in all of its infrastructure sector projects.

It is a requirement of this term tender contract, therefore, that the work be executed in such a manner so as to maximise the use of labour intensive construction methods in order to provide low and semi-skilled temporary employment opportunities.

To this end, a minimum targeted labour contract participation goal is specified below, which shall be achieved by the Contractor in the performance of each Works Project contract, failing which, penalties as described will be applied. The Contractor is required to provide all skills training where necessary, so as to ensure that a minimum level of competence is achieved and maintained, such that the various activities are carried out safely and to the required standard. The cost of training shall be included in the rates for the various work activities.

The specified minimum targeted labour contract participation goal (CPGL) is

The minimum CPGL is such that the Contractor will have to carry out some of the work that would normally have been undertaken using mechanised construction methods, by using labour intensive construction methods instead. It is left to the discretion of the Contractor to identify suitable work activities for the intensification of labour. The Contractor shall, within 5 working days of being requested in writing by the Employer’s Agent to do so, submit details of his/her plan to achieve the minimum CPGL

in the Works Project. If, due to the selection of items and quantities in any individual Works Project, it is not possible for the Contractor to achieve the specified minimum CPGL on that particular Works Project, then the Employer’s Agent, at his/her sole discretion, may reduce such minimum CPGL upon motivation by the Contractor.

3.5.2.2 Definitions

For the purposes of the requirements in respect of the participation of targeted labour, the following definitions shall apply:

“Target area” means the geographical area described in the Works Project contract document.

“Targeted labour contract participation goal (CPGL)” means the sum of the wages (excluding any benefits), for which the Contractor, or any of his/her sub-contractors contracts targeted labour in the performance of the contract, expressed as a percentage of the value of the contract.

“Targeted labour” means low and semi-skilled individuals, whose wages (excluding any benefits) do not exceed the threshold value, who reside in the target area, that are employed by the Contractor, or any of his/her sub-contractors, in the performance of the contract.

“Threshold value” is R350.00 per day as adjusted from time to time (excluding any benefits). The threshold value is not to be confused with any industry sector minimum wage determined in accordance with the Basic Conditions of Employment Act, 75 of 1977.

“Value of the contract” means the Works Project contract sum (accepted contract amount) less provisional sums, contingencies and VAT.

3.5.2.3 The selection and recruitment of targeted labour

Where targeted labour is to be drawn from specific local communities (defined in terms of the target area), such labour shall be identified using the relevant Sub-Council Job-Seekers Database. The Contractor shall request, via a Community Liaison Officer (if required in terms of the contract), a list of suitable candidates from the database, from which the Contractor shall make his/her final selection. The contractor shall enter into written contracts of temporary employment with all targeted labour.

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0 %

Any difficulty experienced by the Contractor in identifying candidates though the Job-Seekers Database, or as regards any matter relating to the employment of targeted labour, shall be immediately referred to the Employer’s Agent.

3.5.2.4 Contract participation goal credits

Credits towards the achieving the minimum CPGL shall be granted by converting the total monetary value of wages paid to targeted labour (including that of sub-contractors) to a percentage of the value of the contract. No credits shall be accorded should the contractor/sub-contractor fail to enter into written contracts with the targeted labour. Furthermore, no credits shall be accorded in respect of targeted labour employed on work in respect of provisional sums or prime cost items. Such labour shall nevertheless be recorded on the Monthly Project Labour Report which is required to be furnished by the Contractor.

3.5.2.5 Training of targeted labour

The Contractor is required to provide all informal (on-the-job) skills training so as to ensure that a minimum level of competence is achieved and maintained, such that the various activities are carried out safely and to the required standard. The cost of informal training shall be included in the rates for the various work activities.

3.5.2.6 Penalties

The financial penalty to be applied for failing to meet the specified minimum targeted labour contract participation goal in the performance of the contract (unless proven to be beyond the control of the Contractor), is as follows:

Penalty = (CPGLS - CPGL

A) x P*

Where CPGLS = the specified minimum targeted labour contract participation goal

(expressed as a percentage).

CPGLA = the targeted labour contract participation goal achieved

(expressed as a percentage).

P* = the value of the contract.

3.5.3 COMMUNITY LIAISON OFFICER

Not required for this Contract.

3.5.4. PARTICIPATION OF TARGETED ENTERPRISES

Not required for this Contract.

3.5.5 ENVIRONMENTAL MANAGEMENT PROGRAMME

Particular Specification E: Environmental Management Specification and its Annexures are attached hereto.

3.5.6 HEALTH AND SAFETY

Particular Specification H: Health and Safety Specification is attached hereto.

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E: ENVIRONMENTAL MANAGEMENT SPECIFICATION

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H: HEALTH AND SAFETY SPECIFICATION

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.6 SpecificationsCONTENTS

1. STANDARDISED SPECIFICATIONS 2 STANDARD SPECIFICATIONS AND PARTICULAR SPECIFICATIONS

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1. STANDARDISED SPECIFICATIONS

Although not bound in nor issued with this document, the following Standardised Specifications for Civil Engineering Construction, as amended in Part C1 of the Project Specification, form part of this document and, notwithstanding Subclause 2.2 of SANS 1200 A, the edition specified below shall apply:

SABS 1200 A – 1986: GENERAL

The Tenderer is expected to provide for himself the necessary SABS 1200 Specification and equivalent codes under SABS 0120 and the Engineer’s Standard Details (Revised Edition, January 2000).

2. STANDARD AND PARTICULAR SPECIFICATIONS

The following Standard and Particular Specifications, as bound in this document, and as amended in Portion 2 of the Project Specification, shall apply:

SPEC U - STANDARD SPECIFICATION FOR HORIZONTAL DRILLING WORK

SPEC V - STANDARD SPECIFICATION FOR EXPLORATORY CORE DRILLING WORK

SPEC W - STANDARD SPECIFICATION FOR PRODUCTION DRILLING

SPEC X - STANDARD SPECIFICATION FOR GEOPHYSICAL TESTING

SPEC Y STANDARD SPECIFICATION FOR HYDRAULIC TESTING

SPEC Z - STANDARD SPECIFICATION FOR CLEANING AND REHABILITATION OF BOREHOLES

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STANDARD SPECIFICATIONS FOR HORIZONTAL DRILLING WORK (SPEC U)

1 SCOPE

This Specification covers the drilling and borehole construction aspects required for the horizontal boreholes, and that shall be implemented during the construction and/or plant installation and/or dismantling work specified below and shown in the Schedule of Rates. It covers temporary and permanent work.

This Specification does not replace, take precedence over nor detract from the standard good practice of drilling. Nothing in this Specification shall relieve the Contractor of any obligations or responsibilities with regard to quality and good practices on site.

It is anticipated that one drilling rig capable of horizontal drilling will be required. Should additional rigs be required, written approval from the Engineer shall be obtained before establishment of each additional rig.

Depending upon the type of drill rig and drilling technology selected, the Standard Specifications for Exploration Drilling Work (SPEC V – Core drilling) or the Standard Specifications for Production Drilling Work (SPEC W – percussion drilling) will be applicable. In addition, the following specifications will apply.

2 ESTABLISHMENT OF DRILL RIG(S) AND ANCILLARY EQUIPMENT IN THE PROJECT AREA

2.1 Description

This subsection addresses the establishment in the project area of drill rig(s), ancillary equipment and materials necessary to undertake the work and successfully complete the Contract. It includes the dismantling and removal of the drill rig(s) and ancillary equipment and materials following completion of the project or termination of the contract, whichever comes first.

A drill rig shall be regarded as a drilling machine of the required type and size, properly mounted and in full working order, together with all ancillary equipment (compressors, pumps, tools and other accessories) needed to execute the required work properly and efficiently.

It is anticipated that two suitable drilling rigs will be required. Should additional rigs be required, written approval from the Engineer shall be obtained before establishment of each additional rig.

2.2 Measurement

The quantity to be paid for the establishment of drill rig(s) in the project area shall be made according to the number of rigs employed by the Contractor for the work as indicated in the Schedule of Rates, and certified by the Engineer in writing following their deployment to a work site.

2.3 Payment

The price tendered and specified for each drill rig shall include full compensation for the supply and transport of the rig and all accompanying equipment, materials, tools and accessories needed for its operation, to and from the project area at the start and end of the contract respectively. Distinction shall be made between the type and size of rig used at each borehole, as follows:

Mobile Core Rig : a core rig mounted on tracks, a truck, trailer or other wheeled vehicle which may be driven or towed to a borehole position.

Percussion Rig : a percussion rig mounted on tracks, a truck, trailer or other wheeled vehicle which may be driven or towed to a borehole position; suitable to drill Up to 200m with 125mm ID Up to 500m with 200mm ID

The supply and use of an additional compressor and or hydraulic water hammer is considered extra-over and will be paid for separately. The consumption of the extra diesel for the use of the additional equipment will be paid for per litre brought to site, as measured.

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The Contractor will be entitled to claim sixty per cent (60 %) of the price tendered for each drill rig established in the project area at the start of the contract, and the balance (40 %) following completion/termination of the contract.

3 SET UP AND REMOVAL OF DRILL RIG AT EACH BOREHOLE

3.1 Description

This subsection addresses the setting up of individual drill rigs at each work site, and their subsequent removal after completion of the borehole. The rates tendered shall be deemed to include for transport to and the subsequent removal of labour, plant or any other incidentals necessary for the operations from each borehole position. Distinction shall be made between the type of rig used at each borehole, as follows:

Mobile Core Rig : a core rig mounted on tracks, a truck, trailer or other wheeled vehicle which may be driven or towed to a borehole position.

Percussion Rig : a percussion rig mounted on tracks, a truck, trailer or other wheeled vehicle which may be driven or towed to a borehole position; suitable to drill Up to 200m with 125mm ID Up to 500m with 200mm ID

Skid-mounted Rig : a rig which does not classify as a mobile rig.

The type of rig to be employed at any borehole shall define the payment rate under which the set up and removal will be made, subject to the approval of the Engineer. Should the Contractor utilize a rig type different to that specified and approved by the Engineer, payment shall be made according to the type originally specified unless the Contractor can prove that the use of the rig type originally specified was impractical. In this regard the Contractor should note the following:

a) The provisions of subsection 4 “Access to Borehole Site” which covers the cost of establishing access to the site.

b) The provisions of the Environmental Management Specification and relevant payment items, which covers the cost of site clearance at the drill site.

c) The boreholes shall be located at the positions as indicated on the drawings supplied, and/or as detailed in writing by the Engineer to the Contractor, and/or as marked in the field and shown to the Contractor by the Engineer. Each site will be shown to the Contractor by the Engineer well in advance of the set up.

d) Some clearing of rocks and bush, as may be classified as reasonable by the Engineer within the framework of the EMP, may be required to provide access for a mobile rig to a borehole site. If unreasonable clearing for access is required, this will be paid for in accordance with subsection 4 or as extra work as defined in the General Conditions, as may be decided by the Engineer.

e) If the working area is not flat, it might be required to establish a working platform. This will be paid for in accordance with subsection 4 or as extra work as defined in the General Conditions, as may be decided by the Engineer.

f) The area to be cleared will be agreed between the Engineer and the Contractor and should be clearly marked. This area shall not be exceeded without prior discussion with and written approval from the Engineer.

g) If it is necessary to dismount the rig from the crawler, trailer, truck, etc. at the borehole site in order to carry out the actual drilling operation, this will be measured as a mobile rig set up.

h) The Contractor shall take all steps necessary to protect the working area from rock fall off the cliff above the working area. This will be paid for in accordance with subsection 5 or as extra work as defined in the General Conditions, as may be decided by the Engineer.

i) The Contractor shall take all steps necessary to protect existing survey pegs, reference pegs, benchmarks and work area demarcation markings, and shall re-establish such at own expense should they be disturbed as a result of activities on site.

j) The Contractor shall be responsible for the safety of any survey beacon or benchmark encountered on site, as well as for any costs incurred in replacing damaged beacons or benchmarks, and attention is drawn to Sections 35 and 36 of the Land Survey Act (Act No. 9 of 1927, as amended) which makes the removal of any beacon or benchmark an offence and provides for the correct procedure to be adopted where moving is required.

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Rigs shall be securely anchored to be able to provide the necessary reaction to drilling and to prevent movement of the rig relative to the borehole. It may be necessary to provide a concrete drilling platform to which the rig is anchored, and a suitable tripod to permit the pulling of rods and core.

Before drilling commences at any hole, the Engineer’s approval of the set-up of the rig will be required, and after completion of the hole, the rig shall not be removed without the Engineer’s approval. For this approval before and after drilling of the hole, the Contractor must allow the Engineer, except if other arrangements have been negotiated, a waiting period of 12 working hours (each) before any standing time in accordance with subsection 15 may be claimed.

3.2 Measurement

The set ups ordered by the Engineer shall be measured by number for the type of rig employed. Setting up on inclined holes shall be measured extra over normal set ups for mobile or skid mounted rigs, as may be the case.

The movement of the rig between boreholes shall be included in the cost for the set-up for distances up to 1 km. The unit of measurement for the distance moved between boreholes, by the shortest practicable route as approved by the Engineer, shall be per kilometre measured in excess of 1 km.

3.3 Payment

The price tendered and paid for shall include the supply, transport and placement of all materials, inclusive of the required personnel, supervision, labour, plant, equipment, tools and other incidentals necessary for the preparation of each borehole site, the erection of the rig with all accessories necessary to carry out the operations required at the hole and the subsequent removal from that borehole, including the removal of all embankments, drilling fluid circulation trenches, platforms and any other temporary works. Where borehole sites are located further than 1 km apart, the Contractor shall be reimbursed for each kilometre in excess of that deemed to be included in the set-up rate.

4 ACCESS TO BOREHOLE SITE

(Dependent on and subject to the conditions that are outlined in subsection 3 and the Standard Specification for Environmental Management of Exploratory Drilling Work)

4.1 Measurement

Establishing access to drill sites shall be measured by the time taken to establish suitable site access within the framework, guidelines and terms of the EMP for personnel, supervision, labour, plant, equipment, tools and other incidentals necessary for setting up the drill rig in accordance with subsection 3. The unit of measurement shall be man-hours expended by the labour employed for this task.

4.2 Payment

The Contractor shall be entitled to claim for this item at the hourly rate of the labour employed.

5 SAFETY ON SITE

5.1 Description

This subsection addresses the provision for safety on site regarding possible rockfall on the rock face above the drilling platform. The rates tendered shall be deemed to include for supply, delivery and installation of required safety measures.

5.2 Measurement

Establishing drill sites safety shall be measured by the time taken to establish suitable site safety within the framework, guidelines and terms of the H&S Specification and EMP for personnel, supervision, labour, plant, equipment, tools and other materials necessary for setting up the drill rig in accordance with subsection 3. The unit of measurement for labour shall be man-hours expended by the labour employed for this task. Plant shall be measured per hour under dayworks and material required will be reimbursed based on actual costs with a 10% mark-up.

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5.3 Payment

The Contractor shall be entitled to claim for this item at the hourly rate of the labour and plant employed and based on the actual cost of materials plus a 10% mark-up.

6 SHUT OFF OF ARTESIAN CONDITIONS

6.1 Description

This subsection addresses the installation of grouted casing, rock-anchor, cut-off valves and any other materials and equipment necessary to prevent artesian boreholes from overflowing.

It is expected that the horizontal boreholes will intersect water under sufficient hydrostatic pressure to cause the artesian flow of water from a borehole. Hydrostatic pressure at surface is not expected to exceed 20 bar (2 000 kPa). A completed horizontal borehole may not be allowed to discharge on surface either through the casing or via the annulus between the casing and the borehole sidewall. Each borehole must therefore be equipped with a suitably fixed and grouted casing early in its establishment phase, so that a cut-off valve can be fitted to control any artesian discharge that occurs. The depth to which casing for artesian shut off purposes should be inserted will be informed by the nature of the strata intersected.

The initial drilling would entail percussion drilling, equipped with casing (nominal inside diameter sufficient to allow the passage of an H-size bit) and the casing grouted to ensure proper sealing of the annulus. Grouting must be done through the casing and not in the annulus. The length of drilling will depend on the strata encountered. The Engineer will determine when to stop drilling.

Should overflowing artesian conditions be encountered or anticipated, a cut-off valve with pressure meter must be fitted, as required by the Engineer, so that the water can be completely stopped from discharging. The pressure meter must allow for automatic and continuous recording onto a digital data logger.

The Contractor shall supply the Engineer with a written register of the casing inserted into the borehole. Specified in this register shall be the length, size and type of casing, borehole number and the surface coordinates of the borehole.

6.2 Measurement

The price tendered and paid for each metre drilled and casing installed shall include full compensation for the supply of all labour, supervision, tools, equipment, plant and incidentals necessary to complete the work as specified in this subsection, including core recovery as per the requirements of subsection 7.

Materials, equipment and instruments used to seal a borehole under artesian discharge conditions will be measured per unit installation. A lockable borehole housing and lock used to seal a borehole under non-flowing artesian conditions will be measured per unit installation.

6.3 Payment

The price tendered for each artesian shut off installation shall include full compensation for the supply, installation and placement of all materials, labour, tools, equipment, plant and incidentals necessary to complete the work as specified in this subsection.

7 BOREHOLE COMPLETION

7.1 Description

The completion of any borehole comprises the proper sealing and marking of the borehole. The following must be adhered to:a) Completed boreholes must be fitted with tamper-proof, lockable steel boxes or manhole

covers in the correct size to fit the installed steel casing.b) The boreholes shall, if required by the Engineer, be equipped with concrete plinths of at

least 3 m x 1.5 m x 0.5 m. The concrete plinths must be suitable for heavy vehicles. The plinth must contain a reinforcing steel mesh welded to the borehole casing.

c) The casing shall extend not further than 300 mm out of the rock face.d) The casing must be equipped with a flange to connect to the wellhead construction.

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e) The wellhead for an artesian borehole must include a shut-off valve, as specified in Spec V section 8, a flow meter and a pressure meter, both of which are able to be connected to a data logger unit.

f) Where instructed by the Engineer, the borehole shall be protected by the construction of a borehole chamber on the concrete plinth, 3.0 m x 1.5 m x 1.8 m, with precast concrete cover slabs and two manhole covers.

g) A borehole number allocated by the Engineer must be inscribed, together with the final depth of the borehole, on both the concrete plinth and the casing of all completed boreholes (on metal plate).

h) If required by the Engineer, a yellow painted steel pipe (±75 mm diameter) standing 1.8 m tall above ground shall be erected a distance of 10 m north of the borehole. The pipe shall be set a depth of at least 500 mm in a concrete block firmly embedded in the ground. The exact location of the steel pipe shall be determined on site and needs to be approved by the Engineer.

7.2 Measurement

The quantity to be paid for shall be the number of boreholes completed to the satisfaction of the Engineer. It will be distinguished between completion above ground level and completion below ground level.

7.3 Payment

The price tendered for borehole completion shall include full compensation for the supply of the required material and for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

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STANDARD SPECIFICATIONS FOR EXPLORATORY CORE DRILLING WORK (SPEC V)

1 SCOPE

This Specification covers the drilling and borehole construction aspects required for the exploratory and monitoring boreholes through core drilling, and that shall be implemented during the construction and/or plant installation and/or dismantling work specified below and shown in the Schedule of Rates. It covers temporary and permanent work.

This Specification does not replace, take precedence over nor detract from the standard good practice of drilling. Nothing in this Specification shall relieve the Contractor of any obligations or responsibilities with regard to quality and good practices on site.

2 ESTABLISHMENT OF DRILL RIG(S) AND ANCILLARY EQUIPMENT IN THE PROJECT AREA

2.1 Description

This subsection addresses the establishment in the project area of drill rig(s), ancillary equipment and materials necessary to undertake the work and successfully complete the Contract. It includes the dismantling and removal of the drill rig(s) and ancillary equipment and materials following completion of the project or termination of the contract, whichever comes first.

A drill rig shall be regarded as a drilling machine of the required type, properly mounted and in full working order, together with all ancillary equipment (compressors, pumps, tools and other accessories) needed to execute the required work properly and efficiently.

It is anticipated that two rotary diamond core drilling rigs will be required. Should additional rigs be required, written approval from the Engineer shall be obtained before establishment of each additional rig.

2.2 Measurement

The quantity to be paid for the establishment of drill rig(s) in the project area shall be made according to the number of rigs employed by the Contractor for the work as indicated in the Schedule of Rates, and certified by the Engineer in writing following their deployment to a work site.

2.3 Payment

The price tendered and specified for each drill rig shall include full compensation for the supply and transport of the rig and all accompanying equipment, materials, tools and accessories needed for its operation, to and from the project area at the start and end of the contract respectively.

The supply and use of an additional compressor and or hydraulic water hammer is considered extra-over and will be paid for separately. The consumption of the extra diesel for the use of the additional equipment will be paid for per litre brought to site, as measured.

The Contractor will be entitled to claim sixty per cent (60 %) of the price tendered for each drill rig established in the project area at the start of the contract, and the balance (40 %) following completion/termination of the contract.

3 SET UP AND REMOVAL OF DRILL RIG AT EACH BOREHOLE

3.1 Description

This subsection addresses the setting up of individual drill rigs at each work site, and their subsequent removal after completion of the borehole. The rates tendered shall be deemed to include for transport to and the subsequent removal of labour, plant or any other incidentals necessary for the operations from each borehole position. Distinction shall be made between the type of rig used at each borehole, as follows:

Mobile Core Rig : a rig mounted on tracks, a truck, trailer or other wheeled vehicle which may be driven or towed to a borehole position.

Skid-mounted Rig : a rig which does not classify as a mobile rig.

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The type of rig to be employed at any borehole shall define the payment rate under which the set up and removal will be made, subject to the approval of the Engineer. Should the Contractor utilize a rig type different to that specified and approved by the Engineer, payment shall be made according to the type originally specified unless the Contractor can prove that the use of the rig type originally specified was impractical. In this regard the Contractor should note the following:

k) The provisions of subsection 4 “Access to Borehole Site” which covers the cost of establishing access to the site.

l) The provisions of the Environmental Management Specification and relevant payment items, which covers the cost of site clearance at the drill site.

m) The boreholes shall be located at the positions as indicated on the drawings supplied, and/or as detailed in writing by the Engineer to the Contractor, and/or as marked in the field and shown to the Contractor by the Engineer. Each site will be shown to the Contractor by the Engineer well in advance of the set up.

n) Some clearing of rocks and bush, as may be classified as reasonable by the Engineer within the framework of the EMP, may be required to provide access for a mobile rig to a borehole site. If unreasonable clearing for access is required, this will be paid for in accordance with subsection 4 or as extra work as defined in the General Conditions, as may be decided by the Engineer.

o) The area to be cleared will be agreed between the Engineer and the Contractor and should be clearly marked. This area shall not be exceeded without prior discussion with and written approval from the Engineer.

p) If it is necessary to dismount the rig from the crawler, trailer, truck, etc. at the borehole site in order to carry out the actual drilling operation, this will be measured as a mobile rig set up.

q) The Contractor shall take all steps necessary to protect existing survey pegs, reference pegs, benchmarks and work area demarcation markings, and shall re-establish such at own expense should they be disturbed as a result of activities on site.

r) The Contractor shall be responsible for the safety of any survey beacon or benchmark encountered on site, as well as for any costs incurred in replacing damaged beacons or benchmarks, and attention is drawn to Sections 35 and 36 of the Land Survey Act (Act No. 9 of 1927, as amended) which makes the removal of any beacon or benchmark an offence and provides for the correct procedure to be adopted where moving is required.

Rigs shall be securely anchored to be able to provide the necessary reaction to drilling and to prevent movement of the rig relative to the borehole. It may be necessary to provide a concrete drilling platform to which the rig is anchored, and a suitable tripod to permit the pulling of rods and core.

Before drilling commences at any hole, the Engineer’s approval of the set-up of the rig will be required, and after completion of the hole, the rig shall not be removed without the Engineer’s approval. For this approval before and after drilling of the hole, the Contractor must allow the Engineer, except if other arrangements have been negotiated, a waiting period of 12 working hours (each) before any standing time in accordance with subsection 15 may be claimed.

3.2 Measurement

The set ups ordered by the Engineer shall be measured by number for the type of rig employed. Setting up on inclined holes shall be measured extra over normal set ups for mobile or skid mounted rigs, as may be the case.

The movement of the rig between boreholes shall be included in the cost for the set-up for distances up to 1 km. The unit of measurement for the distance moved between boreholes, by the shortest practicable route as approved by the Engineer, shall be per kilometre measured in excess of 1 km.

3.3 Payment

The price tendered and paid for shall include the supply, transport and placement of all materials, inclusive of the required personnel, supervision, labour, plant, equipment, tools and other incidentals necessary for the preparation of each borehole site, the erection of the rig with all accessories necessary to carry out the operations required at the hole and the subsequent removal from that borehole, including the removal of all embankments, drilling fluid circulation trenches, platforms and any other temporary works. Where borehole sites are located further

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than 1 km apart, the Contractor shall be reimbursed for each kilometre in excess of that deemed to be included in the set-up rate.

4 ACCESS TO BOREHOLE SITE

(Dependent on and subject to the conditions that are outlined in subsection 3 and the Standard Specification for Environmental Management of Exploratory Drilling Work)

4.1 Measurement

Establishing access to drill sites shall be measured by the time taken to establish suitable site access within the framework, guidelines and terms of the EMP for personnel, supervision, labour, plant, equipment, tools and other incidentals necessary for setting up the drill rig in accordance with subsection 3. The unit of measurement shall be man-hours expended by the labour employed for this task.

4.2 Payment

The Contractor shall be entitled to claim for this item at the hourly rate of the labour employed.

5 ROTARY CORE DRILLING

5.1 Description

This subsection addresses diamond core drilling through various categories of soft and hard material. Suitable diamond core drilling equipment of the type which will permit full core recovery shall be used.

At the commencement of drilling each hole, the Engineer shall indicate to the Contractor the expected depth to which the hole is to be drilled, measured from the level from which drilling is to commence. The Engineer, however, reserves the right to vary the required depth of the hole at any stage during the drilling of that hole. This includes ordering the premature curtailment of the drilling operation.

To prevent undue delays, the Contractor shall give the Engineer 12 working hours’ notice of when it is anticipated that the required depth will be reached in any particular hole. In any event, no drill rig shall be dismantled and moved away from any particular hole on reaching the required depth until the Contractor is notified in writing by the Engineer that the rig may be moved. The Engineer may order the re-establishment of any drill rig moved away without written authority, and such work shall then be carried out at the Contractor’s expense and no further payment for setting up the rig will be made. Authority to move a rig on completion of drilling shall not be withheld unreasonably. A delay exceeding 12 working hours in the granting of authority to move a drill rig after completion of a borehole shall entitle the Contractor to standing time according to subsection 15. Each drill rig used on this Contract by the Contractor shall be under supervision of a competent drilling supervisor who is experienced in drilling in the types of formation expected on the site and who is capable of completing the daily drilling records.

On completion of a borehole, and unless any instructions to the contrary are given by the Engineer, the hole shall be sealed and made safe to the satisfaction of the Engineer in accordance with subsection 8 and/or 17.

In general, all drilling shall be at least N-size when using either wireline or standard core drilling. Inclined holes shall be defined as all holes inclined at an angle greater than 20º measured from the vertical. The drilling size may be reduced with the approval of the Engineer.

The Contractor shall, unless otherwise specified or agreed to by the Engineer, strive for continuous core recovery whenever possible in both hard and soft material. This aspect is addressed in greater detail in subsection 7.

The artesian discharge shall be measured by means of an appropriately constructed and installed V-notch capable of measuring flows up to 100 ℓ/s. The discharge shall be monitored for changes, and the measurements recorded in the driller’s log together with the drilling depth associated therewith. No payment shall be made for the recording of artesian discharge rate, and allowance must be made in the core drilling rates tendered for the costs incurred.

If the drilling equipment should become stuck or lodged in a borehole or if, for any other reason, further drilling is not possible in that hole, the Contractor shall immediately notify the Engineer who will then decide if:

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a) the hole is drilled deep enough to be considered acceptable, in which case payment for drilling to the attained depth will be made, or

b) the depth drilled is insufficient and that a new hole shall be drilled, in which case no payment will be made for the unacceptable hole, unless the failure to continue is due to unforeseen subsoil or geological conditions, in which case payment will be made for both the abandoned hole and the new hole. The Engineer shall in this event have due regard to the conditions encountered in already completed holes and the precautions taken by the Contractor to prevent loss of the hole.

The Contractor shall make all arrangements for the supply of water for drilling, and only a sum payment will be made for this item. Any additional costs related to this item shall be included in the rate for drilling.

5.2 Measurement

The quantity to be paid for shall be the linear metres actually drilled to the satisfaction of the Engineer. All measurements of depths drilled shall be made from the mean ground level in the immediate vicinity of the borehole. Reaming shall not be measured and paid for under this subsection.

5.3 Payment

The price tendered and paid for each metre drilled shall include full compensation for the supply of all labour, supervision, tools, drilling fluids, equipment, plant and incidentals necessary to complete the work as specified in this subsection, including core recovery as per the requirements of subsection 7.

Payment for drilling in very closely fractured material shall be extra over the payment made for drilling of material categorised as hard, very hard and extremely hard. Very closely fractured material is defined as rock containing uncemented joints or fractures inclined at an angle of less than 45º to the axis of the borehole, which occur at a consistent average spacing of less than 25 mm for a drilled length in excess of 300 mm, and which separate on drilling.

Payment for drilling with a triple tube core barrel shall be made under this subsection and shall be paid extra over the appropriate rate.

No payment shall be made under this subsection for any other rotary drilling undertaken for which there is a specified rate in any other subsection. This refers inter alia to drilling through boulders, the use of drilling mud, etc.

The provision of water on site for all drilling activities will be paid for as a sum for all sites.

6 DRILLING THROUGH BOULDERS

6.1 Description

This subsection addresses drilling through boulders with rotary core drilling equipment and where boulders occupy 30 % or more of the volume of the hole. Boulders shall be considered to be any rock with an average diameter between 50 mm and 1 m whether associated with a finer grained matrix of loose material or not. Cemented material ranging to very strongly cemented material shall not be considered as boulders regardless of size.

6.2 Measurement

The quantity to be paid for shall be the linear metres actually drilled to the satisfaction of the Engineer through boulder material.

6.3 Payment

The price tendered and paid for each linear metre shall be extra-over to that paid under subsection 5 and shall include full compensation for the supply of all materials, labour, tools, equipment, plant and incidentals necessary to complete the work specified in this subsection.

If it is necessary to undertake grouting of boulder horizons in order to stabilize them, this grouting shall be measured and paid for under subsection 11. If the grouting results in an improvement of the drilling conditions such that the grouted boulders may be classified as cemented to very strongly cemented material, the drilling shall be paid for under subsection 5.

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7 CORE RECOVERY

7.1 Description

This subsection addresses the recovery of core obtained during drilling in materials requiring to be cored. Unless instructed or agreed to by the Engineer, continuous core recovery or sampling shall be striven for at all times. Core barrels exceeding 3 m in length shall not be used unless approved by the Engineer in writing.

In the event of unsatisfactory core recovery prevailing, the following shall apply:a) Should poor core recovery result from poor equipment and/or poor drilling technique

and/or inexperienced drill operators, the Engineer may direct that improved equipment be brought to the site, a different drilling technique be employed, a more experienced driller be employed or a combination of these remedies be applied. No extra payment shall be made for compliance with such directives, nor shall unsatisfactory work be paid for.

b) Where loose, friable material which is unable to be satisfactorily retained in the core barrel is encountered, the Engineer shall consult with the Contractor to determine what should be done to improve core recovery, such as using triple tube or Craelius barrels, and instruct the Contractor accordingly. The Contractor shall be paid for the work done according to the appropriate item(s) requested, and for any additional work ordered.

c) The Engineer may insist that shorter drilling runs be used to facilitate core recovery.

The decision of the Engineer in the above regard shall be final.

Core shall be placed in the core boxes directly from the core barrels, and shall be in the correct order as they were drilled. Suitable permanent markings, not further than 1 m apart, or at the end of each core run if these do not exceed 1.5 m, shall be made on the core itself to indicate the depth of sampling. In addition, wooden spacer blocks shall be used at suitable intervals to prevent the core from moving in the box during transport.

If core is lost, mixed up, destroyed or rendered useless for identification purposes in any way before final acceptance by the Engineer, the Contractor shall be required, entirely at his own cost, to re-drill, re-sample and deliver new core to the Engineer. The rate for core recovery shall not be less than 30 % of the rate for rotary core drilling (subsection 5) or drilling through boulders (subsection 6), unless the Contractor can prove that this ratio is not applicable.

7.2 Payment

The core recovery is included in the tendered rate for drilling as defined in section 5.3.

8 SHUT OFF OF ARTESIAN CONDITIONS

8.1 Description

This subsection addresses the installation of grouted casing, cut-off valves and any other materials and equipment necessary to prevent artesian boreholes from overflowing.

It is expected that under certain conditions, boreholes may intersect water under sufficient hydrostatic pressure to cause the artesian flow of water from a borehole. Hydrostatic pressure at surface is not expected to exceed 10 bar (1 000 kPa). A completed artesian borehole may not be allowed to discharge on surface either through the casing or via the annulus between the casing and the borehole sidewall. Each borehole must therefore be equipped with a suitably fixed and grouted casing early in its establishment phase, so that a cut-off valve can be fitted to control any artesian discharge that occurs. The depth to which casing for artesian shut off purposes should be inserted will be informed by the nature of the strata intersected during the first phase of percussion drilling that will serve as “platforms” for the vertical core boreholes in accordance with subsection 5.1.

The initial drilling would entail percussion drilling, equipped with casing (nominal inside diameter sufficient to allow the passage of an H-size bit) and the casing grouted to ensure proper sealing of

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the annulus (See drawing for artesian borehole construction under C3.8). Grouting must be done through the casing and not in the annulus. The depth of drilling will depend on the depth of bedrock. The Engineer will determine when to stop drilling.

Should overflowing artesian conditions be encountered or anticipated, a cut-off valve with pressure meter must be fitted, as required by the Engineer, so that the water can be completely stopped from discharging. The pressure meter must allow for automatic and continuous recording onto a digital data logger.

Should overflow conditions not be encountered, then a lockable borehole cap must be installed according to subsection 17.

The Contractor shall supply the Engineer with a written register of the casing inserted into the borehole. Specified in this register shall be the length, size and type of casing, borehole number and the surface coordinates of the borehole.

8.2 Measurement

The price tendered and paid for each metre drilled and casing installed shall include full compensation for the supply of all labour, supervision, tools, equipment, plant and incidentals necessary to complete the work as specified in this subsection, including core recovery as per the requirements of subsection 7.

Materials, equipment and instruments used to seal a borehole under artesian discharge conditions will be measured per unit installation. A lockable borehole housing and lock used to seal a borehole under non-flowing artesian conditions will be measured per unit installation.

8.3 Payment

The price tendered for each artesian shut off installation shall include full compensation for the supply, installation and placement of all materials, labour, tools, equipment, plant and incidentals necessary to complete the work as specified in this subsection.

Drilling through the grouted section shall be measured and paid for according to specifications in subsection 5.

9 CASING OF BOREHOLES FOR DRILLING PURPOSES

9.1 Description

This subsection addresses the installation of casing necessary for drilling, and the removal/recovery or abandonment thereof, as instructed by the Engineer.

On completion of drilling at each hole, the Engineer shall notify the Contractor whether the casing, if any, is to be left in the hole. If casing is irrecoverably jammed in a borehole the Engineer may, at his discretion, pay for any casing so lost. The decision in this regard shall be based on whether:a) every possible attempt has been made by the Contractor to extract all or part of the

casing, and/orb) the Contractor applied every reasonable precaution during drilling to ensure that the

casing would not become jammed.

The Contractor shall supply the Engineer with a written register of any casing left permanently or jammed in a borehole. Specified in this register shall be the size and type of casing, depth below reference level, borehole number and the surface coordinates of the borehole.

9.2 Measurement

The quantity to be paid for shall be the linear metres of casing, measured from the casing reference level, actually installed and/or subsequently removed, or casing left permanently in the hole on instruction of the Engineer, or casing irrecoverably jammed in the hole and for which the Engineer has agreed to pay.

9.3 Payment

The price tendered for each linear metre shall include full compensation for the supply and placing of all materials, labour, tools, equipment, plant and incidentals necessary to complete the

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work as specified in this subsection. No distinction shall be made between casing in vertical or inclined holes.

Where casing has already been installed and a reduction in the size of the casing is required to advance the borehole further, no payment shall be made for the installation cost of that portion of the smaller diameter casing contained within the larger diameter casing. No extra payment shall be made for the use of drilling fluid or mud for the installation of casing.

10 USE OF DRILLING MUD/FLUID

10.1 Description

This subsection addresses the use of drilling mud/fluid (other than water) to support a borehole from collapse during the drilling of a rotary core borehole to facilitate drilling. This is an extra over to item 5 and only involves the additional mud/fluids necessary to stabilize boreholes. Prior approval for the use of any drilling fluid shall be obtained from the Engineer. The type of drilling mud or fluid used shall be selected by the Contractor in the particular circumstances of its use.

Drilling mud or fluid shall be properly disposed of after use to the satisfaction of the Engineer, and it shall not at any time be discharged into any watercourse, drain or receiving environment in which problems due to its presence therein could arise.

The use of drilling mud in any borehole shall be specifically noted on the borehole drilling record by the Contractor.

10.2 Measurement

The quantity to be paid for shall be the number of drums with drilling mud or fluid (usually 20-l drums) that is used as ordered or approved for use by the Engineer.

10.3 Payment

The price tendered for each 20-l drum shall include full compensation for the supply and placing of all materials, labour, tools, equipment, plant and incidentals necessary to complete the work specified in this subsection, regardless of the depth to which the drilling mud or fluid is used.

11 GROUTING

11.1 Description

Cement grouting for the stabilisation of fractured or brecciated zones or boulder horizons encountered during drilling may be undertaken with the approval of the Engineer. The grout employed shall usually be Portland cement, but the type of grout to be employed shall be decided upon by the Engineer and Contractor with due regard to the circumstances.

The grouting of additional casing, other than that covered in subsection 8, is covered in this subsection.

11.2 Measurement

The quantity paid for shall be the number of bags of cement (typically 40 kg per bag) or other grout actually used for grouting on the instructions or with the approval of the Engineer.

Redrilling of the grouted section shall be measured for the linear metres of grout through which it is necessary to redrill after the grout has set in the case of grouting for stabilisation purposes. If the grouting results in a significant improvement in the ease with which the unstable horizon may be drilled, it may be classified differently for payment purposes. For example, very closely fractured material may, after grouting, be classified simply as hard material and paid for accordingly.

11.3 Payment

The price tendered and paid for each bag of cement used for grouting on the instructions of the Engineer, and the redrilling through a grout plug, shall include full compensation for the supply of all materials, labour, tools, plant, equipment and incidentals necessary to complete the work as specified in this subsection. No payment shall be made for any time lost while waiting for grout to set, and standing time shall not be paid in this case.

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12 RECORDING OF GROUNDWATER REST LEVEL

12.1 Description

The depth to rest level of groundwater in any borehole being drilled shall be measured daily before the start of drilling and no additional payment shall be made for these measurements.

After completion of any borehole, and except where the Engineer orders the contrary, the depth to groundwater rest level in the borehole shall be recorded according to the following procedure. The borehole must be pumped or air-flushed to remove any drilling fluid that may interfere with water level measurements and water samples, covered against ingress of rain or surface water, and left standing for 24 hours. The water level is to be measured at 24 hourly intervals until it has stabilised over a 24 hour period, the last measurement being recorded as the depth to water rest level. If the Contractor neglects to do this timeously and it becomes impossible to measure the groundwater rest level for any reason, the Engineer may instruct the Contractor to redrill the hole at own cost.

12.2 Measurement

The quantity to be paid for shall be the number of depth to groundwater rest level measurements required after completion of the borehole to establish this parameter to the satisfaction of the Engineer.

12.3 Payment

The price tendered for each groundwater rest level measurement made after completion shall include full compensation for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

No payment for the daily measurement of groundwater rest level in the borehole during drilling shall be made.

13 PROVISION OF CORE BOXES AND TEMPORARY STORAGE OF CORE

13.1 Description

13.1.1 Core Boxes

For the storage of all soil samples in plastic bags and for core, suitable metal core boxes shall be provided to comply with the following requirements:

a) They shall be able to accommodate the size of core specified in the Schedule of Rates, be 1.5 m long (I.D.) and hold at least 6 m of core per box.

b) Longitudinal partitions shall be provided in the box.c) A hinged lid (fitted with at least two 50 mm hinges) of sufficient thickness to prevent

warping shall be provided.d) Two hasps and staples shall be provided on the long side of the box opposite the hinges

in order to secure the lid.e) The boxes shall be acceptable to the Engineer and shall, except if the size of core drilled

dictates otherwise, be of the same external dimensions.f) A handle shall be fitted at both short ends of the box.

At the commencement of the Contract, a sample core box shall be submitted to the Engineer for his approval. Timber core boxes will not be approved.

The following information shall be indelibly printed on the inside and outside of the lid of the box, using a stencil or similar type of lettering device, approved by the Engineer; no free-hand writing shall be allowed:

a) Contract name, project, TMGAA.312

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b) Borehole number.c) Box number and total number of boxes, e.g. “Box 3 of 7”.d) Depth range of box, e.g. “15.70 m to 23.95 m”.e) Start date of drilling, e.g. “12 June 2006.f) End date of drilling, e.g. “24 June 2006”

The information described in points (b) to (f) above shall be marked on both ends of all core boxes.

The core samples shall be placed in core boxes in book order and shall be clearly and indelibly marked to define the beginning and end of each drill run and any other intermediate depth required by the Engineer. In addition, blocks or similar objects marked with the depth below ground or reference level shall be inserted in the core box at the appropriate position to mark the end of each drill run. These run blocks shall be fitted so tightly between the partitions or fixed to the partitions as to prevent any movement of the core or run blocks during handling and transport. Any position at which a known core loss occurred shall be similarly marked by means of a wooden block approximating the length of the core loss. Only core or samples from one borehole shall be placed in any particular core box. If the core placed in the boxes is likely to move around, it shall be secured to prevent such movement.

13.1.2 Temporary Storage of Core and Core Boxes

All core boxes shall be temporarily stored at the base camp, from where the drill site will be supplied as necessary and when required. During temporary storage, all precautions against possible loss or damage (wilful or accidental) as well as damage due to the elements shall be taken.

The temporary store shall be weatherproof and to the satisfaction of the Engineer. The minimum height between the lowest box in a stack and the floor of the temporary store shall be 200 mm.

The transportation of samples and core boxes from the drill site to the temporary storage facility, and the removal thereof from such facility, shall only occur on instruction of the Engineer.

13.2 Measurement

The measurement of the supply of core boxes will be the number of core boxes actually used for the storage of core or samples for each borehole to the satisfaction of the Engineer. No separate measurements or payments will be made for the temporary storage of core as specified in this subsection.

13.3 Payment

The price tendered for each core box shall include full compensation for the supply of the core box as well as all labour, materials, equipment, tools, transport, storage and incidentals necessary to complete the work as specified in this subsection. The price tendered shall provide for the packing of core into core boxes, the marking thereof as well as the transport thereof to the temporary storage place.

All core boxes supplied in terms of the Contract shall become the property of the Employer.

14 TRANSPORT OF SAMPLES AND CORE BOXES

14.1 Description

This subsection shall not apply in cases where samples and core boxes have to be transported to laboratories, offices or places of permanent storage over distances less than fifty (50) kilometres from the base camp site, in which case the Contractor shall be required to provide for the transport of samples and core boxes to laboratories, offices or places of permanent storage.

The transport of samples and core boxes to places of permanent storage or laboratories over distances greater than fifty (50) kilometres from the base camp, measured in one direction only, will be paid for separately and shall only be carried out on the specific approval of the Engineer in writing to ensure the saving of fuel and the optimum usage of capacity.

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14.2 Measurement

The quantity to be paid for shall be the distance in kilometres over which the samples or core boxes have to be transported, measured as the distance from the base camp site to the permanent place of storage.

14.3 Payment

The price tendered for the transport of samples and core boxes to the place of permanent storage shall include full compensation for the supply of the transportation equipment, fuel, all labour, materials, tools, storage and incidentals to complete the work as specified in this subsection. The tender price shall allow for the neat stacking of the sample and core boxes in the required order in the place of permanent storage, and the provision of a list of all core boxes/samples delivered.

15 STANDING TIME

15.1 Description

Should the Contractor at any time during the Contract period be required to discontinue work on instruction of the Engineer pending the issue of instructions, approval or decisions by the Engineer, and to the extent that the Contractor’s workers and equipment cannot be otherwise usefully employed, he shall be entitled to compensation for such time loss during normal working hours. Standing time shall only be in respect of major units of equipment such as drill rigs.

It is stressed that standing time during normal working hours is only applicable should the work be stopped on instruction of the Engineer (e.g. geophysical logging) or where decisions are being awaited from the Engineer. Where this can be foreseen, it shall be expected of the Contractor to notify the Engineer one full working day ahead that he will require instructions, approval or other decisions at a certain time. Without such prior notice, no standing time compensation shall be considered. In emergency instances where a decision can only be made once the Engineer has visited the site, the Contractor will not be entitled to claim standing time for the first 12 working hours after notifying the Engineer. No claim will be permitted for standing time due to inclement/abnormal weather conditions.

Standing time does not include time when drilling is discontinued for the purposes of taking directional, angular or any other readings or activity in connection with the work.

For the purpose of calculating standing time, “normal working hours” shall be as defined in Clause 5.8 under C1.2 Contract Data. If the Contractor should find it necessary to extend normal working hours, he shall obtain the Engineer’s approval at least 3 days prior to such additional time being required, and shall furnish reasons for his request.

Such approval shall only be given on a week-to-week basis and can be withdrawn at any time the Engineer thinks fit. Without the Engineer’s prior written approval, no standing time shall be paid for if outside the abovementioned normal working hours.

15.2 Measurement

Standing time shall only be measured for payment of periods in excess of one hour. The actual measurement will be made for the full period during which standing time was agreed for any specific unit of plant measured to the nearest hour. Distinction shall be made between drilling rigs and other major units of plant as detailed in the Schedule of Rates.

15.3 Payment

The price tendered for each hour of standing time shall include full compensation for all revenue lost and any costs whatsoever thus incurred. Only claims for standing time which falls within the specifications of this subsection shall be paid for.

No standing time shall be payable if the work is stopped by the Engineer for the purpose of requiring the Contractor to make necessary repairs to his equipment, to make good unsatisfactory work or to provide proper alternative equipment or workmen.

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16 FORMATION DESCRIPTION AND WATER SAMPLING

16.1 Description

This subsection addresses the description (logging) of borehole core and formation samples and the collection of water samples by the Engineer.

The Contractor shall furnish assistance in respect of labour, equipment or the supply of information and results as is consistent with the requirements of, amongst others, subsections 5, 7, 12 and 13, as may be required or requested by the Engineer to enable him to carry out logging and sample description. The Engineer will also on occasion need to collect a water sample during drilling. The Contractor will facilitate such activity by providing access to the hole for the duration of this process. The provision of labour, equipment and the supply of information and results shall, where applicable, be measured and paid for under the relevant subsections of the Specification.

All flow measurements shall be done by a totalising meter and/or induced flow meter, installed in the discharge pipe close to the abstraction borehole, as well as volumetrically using preferably an orifice weir or, alternatively, containers of appropriate capacity to accurately measure lower yields (< 40 ℓ/s) with a stopwatch or higher yields (> 40 ℓ/s) with a V-notch or U-notch.

Furthermore, the Contractor is required to document all activities on site in daily records. The types of records necessary are listed below.

Strata log - Lithology or stratigraphy encountered during the dayPenetration log - Penetration rates per metre during drillingDrilling media used - Record of drilling fluids, drilling mud etc.Construction log - Record of casings and groutingsTime log - Record of time spent on all phases of drillingVisitor’s log - Record of all visitors at the drilling siteInstructions log - Record of all instruction from the EngineerMeasurements log - Record of all measurements taken by the Contractor

The daily records are to be presented to the Engineer upon completion for his inspection and, if satisfactory, his signature.

After completion of the borehole and prior to acceptance of the work, the Contractor shall provide a borehole record, comprising of a strata log, a penetration log and a construction log.

The Contractor shall provide his own forms for approval by the Engineer.

16.2 Measurement and Payment

No separate measurements or payments will be made for observing the requirements of this subsection, and full compensation for these shall be made in the relevant rates tendered for other subsections of the work except under circumstances where any unit of equipment is prevented from continuing with its work for a period exceeding one hour at the site of a borehole as a result of the actions of the Engineer in carrying out the activities specified in this subsection. In such cases, standing time shall be applicable, and the Contractor entitled to claim for lost production as specified in subsection 15.

17 BOREHOLE COMPLETION

17.1 Description

The completion of any borehole comprises the proper sealing and marking of the borehole. The following must be adhered to:a) Completed boreholes must be fitted with tamper-proof, lockable steel boxes or manhole

covers (see below and tender drawings under C3.8) in the correct size to fit the installed steel casing.

b) The boreholes shall, if required by the Engineer, be equipped with concrete plinths of at least 1.5 m x 3.0 m x 0.5 m. The concrete plinths must be suitable for heavy vehicles. The plinth must contain a reinforcing steel mesh welded to the borehole casing.

c) On each plinth a concrete pillar of at least 1.5 m height shall be erected, with a special antenna mount, made of stainless steel, on top. The steel reinforcement for the pillar must be welded against the steel mesh of the plinth.

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d) The casing shall extend not higher than 300 mm above the concrete plinth.e) The casing must be equipped with a flange to connect to the wellhead construction.f) The wellhead for a non-artesian borehole must include a lockable cap and the

installation of a data logger for recording water level, as specified by the Engineer.g) The wellhead for an artesian borehole must include a shut-off valve, as specified in

section 8, a flow meter and a pressure meter, both of which are able to be connected to a data logger unit.

h) Where instructed by the Engineer, the borehole shall be protected at ground level by a man-hole cover, made of DN 1250 precast concrete rings. The man-hole cover must be covered with a lockable ductile iron lid (Securex Y-560C or similar).

i) In the case of an artesian borehole, the man-hole cover may be replaced by a kiosk of suitable size to cover the wellhead.

j) In the case of completion below ground level, the borehole casing needs to be cut at least 200 mm below ground to allow for proper sealing.

k) A borehole number allocated by the Engineer must be inscribed, together with the final depth of the borehole, on both the concrete plinth and the casing of all completed boreholes (on metal plate).

l) If required by the Engineer, a yellow painted steel pipe (±75 mm diameter) standing 1.8 m tall above ground shall be erected a distance of 10 m north of the borehole. The pipe shall be set a depth of at least 500 mm in a concrete block firmly embedded in the ground. The exact location of the steel pipe shall be determined on site and needs to be approved by the Engineer.

17.2 Measurement

The quantity to be paid for shall be the number of boreholes completed to the satisfaction of the Engineer. It will be distinguished between completion above ground level and completion below ground level.

17.3 Payment

The price tendered for borehole completion shall include full compensation for the supply of the required material and for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

18 REHABILITATION OF DRILL SITES

18.1 Description

Since the drill sites are likely to be located in ecologically pristine areas, a high measure of environmental awareness and consideration will need to be practiced throughout the drilling operations. A rigorous yet pragmatic Environmental Management Plan (EMP) will be developed and put in place for the drilling operations. The Contractor shall familiarise himself with the requirements of the Environmental Management specifications.

Among the actions that will be required is for excess drill cuttings to be removed and disposed of at an approved location or a recognised active waste disposal site. All waste material and other items related to the drilling operations shall be removed from the site and all excavations filled in at the cost of the Contractor and to the satisfaction of the Engineer before the borehole will be certified as being completed.

18.2 Measurement and Payment

No separate measurements or payments will be made for observing the requirements of this subsection, and full compensation for these shall be made in the relevant rates tendered for complying with the environmental requirements as defined in the relevant environmental specifications.

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19 PACKER PERMEABILITY TESTING

19.1 Description

This subsection addresses the permeability testing with a single packer device within the borehole during drilling operation, as instructed by the Engineer. The test shall be conducted every 6 m of drilling prior to continue drilling operation.

The Contractor must ensure that all the required equipment to undertake the measurements, as specified below, is readily available on site when required.

The requirement for additional measurements will be communicated to the Contractor timeously, and the drilling operation curtailed and drilling equipment removed from the borehole in order to provide suitable access to the borehole for the packer and testing instruments.

19.2 Measurement

The quantity to be paid for shall be the number of permeability tests conducted. The Contractor has to deliver the measurements in electronic/digital format and in hardcopy print-out. The measurements are subject to quality control and approval by the Engineer.

19.3 Payment

The price tendered for the permeability testing made during drilling shall include full compensation for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection. The interruption of the drilling operation shall be included in the price and the Contractor will not be entitled to claim for this interruption at the standing time rate.

20 BOREHOLE DEVELOPMENT

20.1 Description

This subsection addresses the development and cleaning of the core boreholes, as instructed by the Engineer.

The Contractor must ensure that all the required equipment to undertake the development, as specified below, is readily available on site when required.

On completion of construction, each borehole shall be developed to a maximum yield of water, free of suspended materials. Development shall be carried out using airlift over strike zones, where possible, and is expected to last between 2 and 5 hours.

20.2 Measurement

The quantity to be paid for shall be the number of hours required to develop a borehole to the satisfaction of the Engineer.

20.3 Payment

The price tendered for the borehole development shall include full compensation for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

21 DRILLABLE BRIDGE PLUGS

21.1 Description

This subsection addresses the installation of drillable bridge plugs in the event of artesian water flow sealing.

A downhole tool that is located and set to isolate the lower part of the borehole. Bridge plugs may be permanent or retrievable, enabling the lower borehole to be permanently sealed from production or temporarily isolated from a treatment conducted on an upper zone. The bridge plug would consist of cast iron so that it can be drilled out if needs be.

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21.2 Measurement

The quantity to be paid for shall be for the bridge plug, installation, cementing and all equipment needed for the installation.

21.3 Payment

The price tendered for the bridge plug shall include full compensation for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

22. STOPPING OF DRILLING ACTIVITIES

22.1 Description

Depending upon the funding available and other agreements by the Employer, it might be required to carry out the project in several discontinuous steps. Furthermore, it is envisaged to undertake geophysical logging at selected boreholes, for which all drilling activities in the Peninsula Aquifer must be on hold and all boreholes drilled so far must be sealed off in accordance with section 8. For this reason, provision is made in the contract for a “stop gap”, whereby the Engineer will instruct the Contractor to cease all drilling operations for a period of time (likely to be four to six months). Notification to cease drilling operations will be given at least 14 days prior to the need to cease the operations.

The Contractor will be allowed during this stop gap period to leave all equipment on site, or to utilise the equipment at other projects, until such time as the Engineer instructed the re-commencement of works. The Contractor shall re-commence work within 28 days after receiving the Engineer’s instruction.

22.2 Measurement and payment

The stop gap will be measured per calendar week. Separate items will be scheduled to cover the cost of de-establishing and re-establishing the drill rigs on site. The rate tendered for the stop gap shall include for all additional costs and profits required due to the delay.

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STANDARD SPECIFICATIONS FOR PRODUCTION DRILLING (SPEC W)

1 SCOPE

This Specification covers the drilling and borehole construction aspects required for the production boreholes, and that shall be implemented during the construction and/or plant installation and/or dismantling work specified below and shown in the Schedule of Rates. It covers temporary and permanent work.

This Specification does not replace, take precedence over nor detract from the standard good practice of drilling. Nothing in this Specification shall relieve the Contractor of any obligations or responsibilities with regard to quality and good practices on site.

2 ESTABLISHMENT OF DRILL RIG(S) AND ANCILLARY EQUIPMENT IN THE PROJECT AREA

2.1 Description

This subsection addresses the establishment in the project area of drill rig(s), ancillary equipment and materials necessary to undertake the work and successfully complete the Contract. It includes the dismantling and removal of the drill rig(s) and ancillary equipment and materials following completion of the project or termination of the contract, whichever comes first.

A drill rig shall be regarded as a drilling machine of the required type, properly mounted and in full working order, together with all ancillary equipment (compressors, pumps, tools and other accessories) needed to execute the required work properly and efficiently.

It is anticipated that two air percussion drilling rigs will be required. Should additional rigs be required, written approval from the Engineer shall be obtained before establishment of each additional rig.

2.2 Measurement

The quantity to be paid for the establishment of drill rig(s) in the project area shall be made according to the type and number of rigs employed by the Contractor for the work as indicated in the Schedule of Rates, and certified by the Engineer in writing following their deployment to a work site.

2.3 Payment

The price tendered and specified for each drill rig shall include full compensation for the supply and transport of the rig and all accompanying equipment, materials, tools and accessories needed for its operation, to and from the project area at the start and end of the contract respectively.

The Contractor will be entitled to claim sixty per cent (60 %) of the price tendered for each drill rig established in the project area at the start of the contract, and the balance (40 %) following completion/termination of the contract.

3 SET UP AND REMOVAL OF DRILL RIG AT EACH BOREHOLE

3.1 Description

This subsection addresses the setting up of individual drill rigs at each work site, and their subsequent removal after completion of the borehole. The rates tendered shall be deemed to include for transport to and the subsequent removal of labour, plant or any other incidentals necessary for the operations from each borehole position.

Should the Contractor utilize a rig type different to that specified and approved by the Engineer, payment shall be made according to the type originally specified unless the Contractor can prove that the use of the rig type originally specified was impractical. In this regard the Contractor should note the following:a) The provisions of subsection 4 “Access to Borehole Site” which covers the cost of

establishing access to the site.b) The provisions of the Environmental Management Specification and relevant payment

items, which covers the cost of site clearance at the drill site.

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c) The boreholes shall be located at the positions as indicated on the drawings supplied, and/or as detailed in writing by the Engineer to the Contractor, and/or as marked in the field and shown to the Contractor by the Engineer. Each site will be shown to the Contractor by the Engineer well in advance of the set up.

d) Some clearing of rocks and bush, as may be classified as reasonable by the Engineer within the framework of the EMP, may be required to provide access for a mobile rig to a borehole site. If unreasonable clearing for access is required, this will be paid for in accordance with subsection 4 or as extra work as defined in the General Conditions, as may be decided by the Engineer.

e) The area to be cleared will be agreed between the Engineer and the Contractor and should be clearly marked. This area shall not be exceeded without prior discussion with and written approval from the Engineer.

f) If it is necessary to dismount the rig from the crawler, trailer, truck, etc. at the borehole site in order to carry out the actual drilling operation, this will be measured as a mobile rig set up.

g) The Contractor shall take all steps necessary to protect existing survey pegs, reference pegs, benchmarks and work area demarcation markings, and shall re-establish such at own expense should they be disturbed as a result of activities on site.

h) The Contractor shall be responsible for the safety of any survey beacon or benchmark encountered on site, as well as for any costs incurred in replacing damaged beacons or benchmarks, and attention is drawn to Sections 35 and 36 of the Land Survey Act (Act No. 9 of 1927, as amended) which makes the removal of any beacon or benchmark an offence and provides for the correct procedure to be adopted where moving is required.

Rigs shall be securely anchored to be able to provide the necessary reaction to drilling and to prevent movement of the rig relative to the borehole. It may be necessary to provide a concrete drilling platform to which the rig is anchored, and a suitable tripod to permit the pulling of rods and core.

Before drilling commences at any hole, the Engineer’s approval of the set-up of the rig will be required, and after completion of the hole, the rig shall not be removed without the Engineer’s approval. For this approval before and after drilling of the hole, the Contractor must allow the Engineer, except if other arrangements have been negotiated, a waiting period of 12 working hours (each) before any standing time in accordance with subsection 12 may be claimed.

3.2 Measurement

The set ups ordered by the Engineer shall be measured by number for the type of rig employed. Setting up on inclined holes shall be measured extra over normal set ups for mobile or skid mounted rigs, as may be the case.

The movement of the rig between boreholes shall be included in the cost for the set-up for distances up to 1 km. The unit of measurement for the distance moved between boreholes, by the shortest practicable route as approved by the Engineer, shall be per kilometre measured in excess of 1 km.

3.3 Payment

The price tendered and paid for shall include the supply, transport and placement of all materials, inclusive of the required personnel, supervision, labour, plant, equipment, tools and other incidentals necessary for the preparation of each borehole site, the erection of the rig with all accessories necessary to carry out the operations required at the hole and the subsequent removal from that borehole, including the removal of all embankments, drilling fluid circulation trenches, platforms and any other temporary works. Where borehole sites are located further than 1 km apart, the Contractor shall be reimbursed for each kilometre in excess of that deemed to be included in the set-up rate.

4 ACCESS TO BOREHOLE SITE

(Dependent on and subject to the conditions that are outlined in subsection 3 and the Standard Specification for Environmental Management of Exploratory Drilling Work)

4.1 Measurement

Establishing access to drill sites shall be measured by the time taken to establish suitable site access within the framework, guidelines and terms of the EMP for personnel, supervision, labour,

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plant, equipment, tools and other incidentals necessary for setting up the drill rig in accordance with subsection 3. The unit of measurement shall be man-hours expended by the labour employed for this task.

4.2 Payment

The Contractor shall be entitled to claim for this item at the hourly rate of the labour employed.

5 PERCUSSION DRILLING

5.1 Description

This subsection addresses drilling through various categories of soft and semi-hard material. Suitable percussion drilling equipment, or alternative method such as reverse circulation, mud rotary, of the type which will permit full penetration to the required depth shall be used.

At the commencement of drilling each hole, the Engineer shall indicate to the Contractor the expected depth to which the hole is to be drilled, measured from the level from which drilling is to commence. The Engineer, however, reserves the right to vary the required depth of the hole at any stage during the drilling of that hole. This includes ordering the premature curtailment of the drilling operation.

To prevent undue delays, the Contractor shall give the Engineer 12 working hours’ notice of when it is anticipated that the required depth will be reached in any particular hole. In any event, no drill rig shall be dismantled and moved away from any particular hole on reaching the required depth until the Contractor is notified in writing by the Engineer that the rig may be moved. The Engineer may order the re-establishment of any drill rig moved away without written authority, and such work shall then be carried out at the Contractor’s expense and no further payment for setting up the rig will be made. Authority to move a rig on completion of drilling shall not be withheld unreasonably. A delay exceeding 12 working hours in the granting of authority to move a drill rig after completion of a borehole shall entitle the Contractor to standing time according to subsection 12. Each drill rig used on this Contract by the Contractor shall be under supervision of a competent drilling supervisor who is experienced in drilling in the types of formation expected on the site and who is capable of completing the daily drilling records.

On completion of a borehole, and unless any instructions to the contrary are given by the Engineer, the hole shall be sealed and made safe to the satisfaction of the Engineer in accordance with subsection 6 and/or 13.

In general, all drilling shall be at least 8” when using standard percussion drilling. The drilling size may only be reduced with the approval of the Engineer.

The Contractor shall, unless otherwise specified or agreed to by the Engineer, strive for continuous recovery of rock chips whenever possible in both hard and soft material.

The artesian discharge and the blow yield shall be measured by means of an appropriately constructed and installed V-notch capable of measuring flows up to 100 ℓ/s. The discharge shall be monitored for changes, and the measurements recorded in the driller’s log together with the drilling depth associated therewith. No payment shall be made for the recording of artesian discharge rate and blow yield, and allowance must be made in the drilling rates tendered for the costs incurred.

If the drilling equipment should become stuck or lodged in a borehole or if, for any other reason, further drilling is not possible in that hole, the Contractor shall immediately notify the Engineer who will then decide if:a) the hole is drilled deep enough to be considered acceptable, in which case payment for

drilling to the attained depth will be made, orb) the depth drilled is insufficient and that a new hole shall be drilled, in which case no

payment will be made for the unacceptable hole, unless the failure to continue is due to unforeseen subsoil or geological conditions, in which case payment will be made for both the abandoned hole and the new hole. The Engineer shall in this event have due regard to the conditions encountered in already completed holes and the precautions taken by the Contractor to prevent loss of the hole.

The Contractor shall make all arrangements for the supply of water for drilling, and only a sum payment will be made for this item. Any additional costs related to this item shall be included in the rate for drilling.

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5.2 Measurement

The quantity to be paid for shall be the linear metres actually drilled to the satisfaction of the Engineer. All measurements of depths drilled shall be made from the mean ground level in the immediate vicinity of the borehole. Reaming shall not be measured and paid for under this subsection.

5.3 Payment

The price tendered and paid for each metre drilled shall include full compensation for the supply of all labour, supervision, tools, drilling fluids, equipment, plant and incidentals necessary to complete the work as specified in this subsection.

The price tendered shall distinguish between drilling size, depth of drilling and type of drill bit or technology (e.g. Odex, Symmetrix), as specified in the Schedule of Rates.

No payment shall be made under this subsection for any other drilling undertaken for which there is a specified rate in any other subsection.

The provision of water on site for all drilling activities will be paid for at a m3.km rate to import water to site.

6 SHUT OFF OF ARTESIAN CONDITIONS

6.1 Description

This subsection addresses the installation of grouted casing, cut-off valves and any other materials and equipment necessary to prevent artesian boreholes from overflowing.

It is expected that under certain conditions, boreholes may intersect water under sufficient hydrostatic pressure to cause the artesian flow of water from a borehole. Hydrostatic pressure at surface is not expected to exceed 8 bar (800 kPa). A completed artesian borehole may not be allowed to discharge on surface either through the casing or via the annulus between the casing and the borehole sidewall. Each borehole must therefore be equipped with a suitably fixed and grouted casing early in its establishment phase, so that a cut-off valve can be fitted to control any artesian discharge that occurs. The depth to which casing for artesian shut off purposes should be inserted will be informed by the nature of the strata intersected during the initial phase of percussion drilling that will serve as “platforms” for the percussion boreholes in accordance with subsection 5.1.

The initial drilling would entail percussion drilling, equipped with casing and the casing grouted to ensure proper sealing of the annulus. Grouting must be done through the casing and not in the annulus. The depth of drilling will depend on the depth of bedrock. The Engineer will determine when to stop drilling.

Should overflowing artesian conditions be encountered or anticipated, a cut-off valve with pressure meter must be fitted, as required by the Engineer, so that the water can be completely stopped from discharging. The pressure meter must allow for automatic and continuous recording onto a digital data logger.

Should overflow conditions not be encountered, then a lockable borehole cap must be installed according to subsection 13.

The Contractor shall supply the Engineer with a written register of the casing inserted into the borehole. Specified in this register shall be the length, size and type of casing, borehole number and the surface coordinates of the borehole.

6.2 Measurement

The price tendered and paid for each metre drilled and casing installed shall include full compensation for the supply of all labour, supervision, tools, equipment, plant and incidentals necessary to complete the work as specified in this subsection, including core recovery as per the requirements of subsection 8.

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Materials, equipment and instruments used to seal a borehole under artesian discharge conditions will be measured per unit installation. A lockable borehole housing and lock used to seal a borehole under non-flowing artesian conditions will be measured per unit installation.

6.3 Payment

The price tendered for each artesian shut off installation shall include full compensation for the supply, installation and placement of all materials, labour, tools, equipment, plant and incidentals necessary to complete the work as specified in this subsection.

Drilling through the grouted section shall be measured and paid for according to specifications in subsection 9.

7 CASING OF BOREHOLES

7.1 Description

This subsection addresses the installation of casing necessary for borehole construction and or drilling, and the removal / recovery or abandonment thereof, as instructed by the Engineer. The type and size of casing to be installed and left in the hole for borehole construction shall be determined by the Engineer. Unless otherwise stated in the Schedule of Rates, mild steel casing shall have a wall thickness of 6 mm, stainless steel casing shall be Schedule 10, and uPVC casing shall be Class 12.

Casing for drilling purposes shall be inserted without grouting, if possible. Casing that form part of the final borehole construction shall be either grouted in the annulus or installed with a suitably sized gravel pack between casing and host rock.

On completion of drilling at each hole, the Engineer shall notify the Contractor whether the casing, if any, is to be left in the hole. If casing is irrecoverably jammed in a borehole the Engineer may, at his discretion, pay for any casing so lost. The decision in this regard shall be based on whether:a) every possible attempt has been made by the Contractor to extract all or part of the

casing, and/orb) the Contractor applied every reasonable precaution during drilling to ensure that the

casing would not become jammed.

The Contractor shall supply the Engineer with a written register of any casing left permanently or jammed in a borehole. Specified in this register shall be the size and type of casing, depth below reference level, borehole number and the surface coordinates of the borehole.

7.2 Measurement

The quantity to be paid for shall be the linear metres of casing, measured from the casing reference level, actually installed and/or subsequently removed, or casing left permanently in the hole on instruction of the Engineer, or casing irrecoverably jammed in the hole and for which the Engineer has agreed to pay.

Grouting and gravel pack shall be measured as per subsection 9.2.

7.3 Payment

The price tendered for each linear metre shall include full compensation for the supply and placing of all materials, labour, tools, equipment, plant and incidentals necessary to complete the work as specified in this subsection.

The price tendered shall distinguish between casing size and type of casing (e.g. solid, slotted, steel, stainless steel, PVC), as specified in the Schedule of Rates.

No extra payment shall be made for the use of drilling fluid or mud for the installation of casing.

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8 USE OF DRILLING MUD/FLUID

8.1 Description

This subsection addresses the use of drilling mud/fluid (other than water) to support a borehole from collapse during the drilling of a rotary core borehole to facilitate drilling. This is an extra over to subsection 5 and only involves the additional mud/fluids necessary to stabilize boreholes. Prior approval for the use of any drilling fluid shall be obtained from the Engineer. The type of drilling mud or fluid used shall be selected by the Contractor in the particular circumstances of its use.

Drilling mud or fluid shall be properly disposed of after use to the satisfaction of the Engineer, and it shall not at any time be discharged into any watercourse, drain or receiving environment in which problems due to its presence therein could arise.

The use of drilling mud in any borehole shall be specifically noted on the borehole drilling record by the Contractor.

8.2 Measurement

The quantity to be paid for shall be the number of drums with drilling mud or fluid (usually 20-l drums) that is used as ordered or approved for use by the Engineer.

8.3 Payment

The price tendered for each 20-l drum shall include full compensation for the supply and placing of all materials, labour, tools, equipment, plant and incidentals necessary to complete the work specified in this subsection, regardless of the depth to which the drilling mud or fluid is used.

9 GROUTING AND GRAVEL PACK

9.1 Description

Cement grouting for the stabilisation of fractured or brecciated zones or boulder horizons encountered during drilling may be undertaken with the approval of the Engineer. The grout employed shall usually be Portland cement, but the type of grout to be employed shall be decided upon by the Engineer and Contractor with due regard to the circumstances.

The grouting of additional casing, other than that covered in subsection 6, is covered in this subsection.

9.2 Measurement

The quantity paid for shall be the number of bags of cement (typically 40 kg per bag) or other grout actually used for grouting on the instructions or with the approval of the Engineer.

Redrilling of the grouted section shall be measured for the linear metres of grout through which it is necessary to redrill after the grout has set in the case of grouting for stabilisation purposes. If the grouting results in a significant improvement in the ease with which the unstable horizon may be drilled, it may be classified differently for payment purposes. For example, very closely fractured material may, after grouting, be classified simply as hard material and paid for accordingly.

9.3 Payment

The price tendered and paid for each bag of cement used for grouting on the instructions of the Engineer, and the redrilling through a grout plug, shall include full compensation for the supply of all materials, labour, tools, plant, equipment and incidentals necessary to complete the work as specified in this subsection. No payment shall be made for any time lost while waiting for grout to set, and standing time shall not be paid in this case.

10 RECORDING OF GROUNDWATER REST LEVEL

10.1 Description

The depth to rest level of groundwater in any borehole being drilled shall be measured daily before the start of drilling and no additional payment shall be made for these measurements.

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After completion of any borehole, and except where the Engineer orders the contrary, the depth to groundwater rest level in the borehole shall be recorded according to the following procedure. The borehole must be pumped or air-flushed to remove any drilling fluid that may interfere with water level measurements and water samples, covered against ingress of rain or surface water, and left standing for 24 hours. The water level is to be measured at 24 hourly intervals until it has stabilised over a 24 hour period, the last measurement being recorded as the depth to water rest level. If the Contractor neglects to do this timeously and it becomes impossible to measure the groundwater rest level for any reason, the Engineer may instruct the Contractor to redrill the hole at own cost.

10.2 Measurement

The quantity to be paid for shall be the number of depth to groundwater rest level measurements required after completion of the borehole to establish this parameter to the satisfaction of the Engineer.

10.3 Payment

The price tendered for each groundwater rest level measurement made after completion shall include full compensation for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

No payment for the daily measurement of groundwater rest level in the borehole during drilling shall be made.

11 FORMATION DESCRIPTION AND WATER SAMPLING

11.1 Description

This subsection addresses the collection and description (logging) of formation samples, and the collection of water samples by the Engineer, or by the Contractor under instruction by the Engineer.

The Contractor shall furnish assistance in respect of labour, equipment or the supply of information and results as is consistent with the requirements of, amongst others, subsections 5, 6 and 7, as may be required or requested by the Engineer to enable him to carry out logging and sample description. The Engineer will also on occasion need to collect a water sample during drilling. The Contractor will facilitate such activity by providing access to the hole for the duration of this process. The provision of labour, equipment and the supply of information and results shall, where applicable, be measured and paid for under the relevant subsections of the Specification.

Furthermore, the Contractor is required to document all activities on site in daily records. The types of records necessary are listed below.

Strata log - Lithology or stratigraphy encountered during the dayPenetration log - Penetration rates per metre during drillingDrilling media used - Record of drilling fluids, drilling mud etc.Construction log - Record of casings and groutingsTime log - Record of time spent on all phases of drillingVisitor’s log - Record of all visitors at the drilling siteInstructions log - Record of all instruction from the EngineerMeasurements log - Record of all measurements taken by the Contractor

The daily records are to be presented to the Engineer upon completion for his inspection and, if satisfactory, his signature.

After completion of the borehole and prior to acceptance of the work, the Contractor shall provide a borehole record, comprising of a strata log, a penetration log and a construction log.

The Contractor shall provide his own forms for approval by the Engineer.

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11.2 Measurement and Payment

No separate measurements or payments will be made for observing the requirements of this subsection, and full compensation for these shall be made in the relevant rates tendered for other subsections of the work except under circumstances where any unit of equipment is prevented from continuing with its work for a period exceeding one hour at the site of a borehole as a result of the actions of the Engineer in carrying out the activities specified in this subsection. In such cases, standing time shall be applicable, and the Contractor entitled to claim for lost production as specified in subsection 12.

12 STANDING TIME

12.1 Description

Should the Contractor at any time during the Contract period be required to discontinue work on instruction of the Engineer pending the issue of instructions, approval or decisions by the Engineer, and to the extent that the Contractor’s workers and equipment cannot be otherwise usefully employed, he shall be entitled to compensation for such time loss during normal working hours. Standing time shall only be in respect of major units of equipment such as drill rigs.

It is stressed that standing time during normal working hours is only applicable should the work be stopped on instruction of the Engineer (e.g. geophysical logging) or where decisions are being awaited from the Engineer. Where this can be foreseen, it shall be expected of the Contractor to notify the Engineer one full working day ahead that he will require instructions, approval or other decisions at a certain time. Without such prior notice, no standing time compensation shall be considered. In emergency instances where a decision can only be made once the Engineer has visited the site, the Contractor will not be entitled to claim standing time for the first 12 working hours after notifying the Engineer. No claim will be permitted for standing time due to inclement/abnormal weather conditions.

Standing time does not include time when drilling is discontinued for the purposes of taking directional, angular or any other readings or activity in connection with the work.

For the purpose of calculating standing time, “normal working hours” shall be as defined in Clause 5.8 under C1.2 Contract Data. If the Contractor should find it necessary to extend normal working hours, he shall obtain the Engineer’s approval at least 3 days prior to such additional time being required, and shall furnish reasons for his request.

Such approval shall only be given on a week-to-week basis and can be withdrawn at any time the Engineer thinks fit. Without the Engineer’s prior written approval, no standing time shall be paid for if outside the abovementioned normal working hours.

12.2 Measurement

Standing time shall only be measured for payment of periods in excess of one hour. The actual measurement will be made for the full period during which standing time was agreed for any specific unit of plant measured to the nearest hour. Distinction shall be made between drilling rigs and other major units of plant as detailed in the Schedule of Rates.

12.3 Payment

The price tendered for each hour of standing time shall include full compensation for all revenue lost and any costs whatsoever thus incurred. Only claims for standing time which falls within the specifications of this subsection shall be paid for.

No standing time shall be payable if the work is stopped by the Engineer for the purpose of requiring the Contractor to make necessary repairs to his equipment, to make good unsatisfactory work or to provide proper alternative equipment or workmen.

13 BOREHOLE COMPLETION

13.1 Description

The completion of any borehole comprises the proper sealing and marking of the borehole. The following must be adhered to:a) Completed boreholes must be fitted with tamper-proof, lockable steel boxes or manhole

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covers (see below and tender drawings under C3.8) in the correct size to fit the installed steel casing.

b) The boreholes shall, if required by the Engineer, be equipped with concrete plinths of at least 1.5 m x 3 m x 0.5 m. The concrete plinths must be suitable for heavy vehicles.

c) The casing shall extend not higher than 300 mm above the concrete plinth.d) The casing must be equipped with a flange to connect to the wellhead construction.e) The wellhead for a non-artesian borehole must include a lockable cap and the

installation of a data logger for recording water level, as specified by the Engineer.f) The wellhead for an artesian borehole must include a shut-off valve, as specified in

section 6, a flow meter and a pressure meter, both of which are able to be connected to a data logger unit.

g) Where instructed by the Engineer, the borehole shall be protected at ground level by a man-hole cover, made of DN 1250 precast concrete manhole rings. The manhole cover must be covered with a lockable ductile iron lid (Securex Y-560C or similar).

h) In the case of an artesian borehole, the man-hole cover may be replaced by a borehole chamber of suitable size to cover the wellhead.

i) In the case of completion below ground level, the borehole casing needs to be cut at least 200 mm below ground to allow for proper sealing.

j) A borehole number allocated by the Engineer must be inscribed, together with the final depth of the borehole, on both the concrete plinth and the casing of all completed boreholes (on metal plate).

k) If required by the Engineer, a yellow painted steel pipe (±75 mm diameter) standing 1.8 m tall above ground shall be erected a distance of 10 m north of the borehole. The pipe shall be set a depth of at least 500 mm in a concrete block firmly embedded in the ground. The exact location of the steel pipe shall be determined on site and needs to be approved by the Engineer.

l) The final borehole construction with man-hole cover or borehole chamber must cater for access to the borehole for a pump rig for installing a pump and or other equipment into the borehole.

13.2 Measurement

The quantity to be paid for shall be the number of boreholes completed to the satisfaction of the Engineer. It will be distinguished between completion above ground level and completion below ground level.

13.3 Payment

The price tendered for borehole completion shall include full compensation for the supply of the required material and for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

14 REHABILITATION OF DRILL SITES

14.1 Description

Since the drill sites are likely to be located in ecologically pristine areas, a high measure of environmental awareness and consideration will need to be practiced throughout the drilling operations. A rigorous yet pragmatic Environmental Management Plan (EMP) will be developed and put in place for the drilling operations. The Contractor shall familiarise himself with the requirements of the Environmental Management specifications.

Among the actions that will be required is for excess drill cuttings to be removed and disposed of at an approved location or a recognised active waste disposal site. All waste material and other items related to the drilling operations shall be removed from the site and all excavations filled in at the cost of the Contractor and to the satisfaction of the Engineer before the borehole will be certified as being completed.

14.2 Measurement and Payment

No separate measurements or payments will be made for observing the requirements of this subsection, and full compensation for these shall be made in the relevant rates tendered for complying with the environmental requirements as defined in the relevant environmental specifications.

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15 BOREHOLE DEVELOPMENT

15.1 Description

This subsection addresses the development and cleaning of the core boreholes, as instructed by the Engineer.

The Contractor must ensure that all the required equipment to undertake the development, as specified below, is readily available on site when required.

On completion of construction, each borehole shall be developed to a maximum yield of water, free of suspended materials. Development shall be carried out using airlift over strike zones, where possible, and is expected to last between 2 and 5 hours.

15.2 Measurement

The quantity to be paid for shall be the number of hours required to develop a borehole to the satisfaction of the Engineer.

15.3 Payment

The price tendered for the borehole development shall include full compensation for all plant, labour, tools, equipment and incidentals necessary for the execution of the work as specified in this subsection.

16 STOPPING OF DRILLING ACTIVITIES

16.1 Description

Depending upon the funding available and other agreements by the Employer, it might be required to carry out the project in several discontinuous steps. Furthermore, it is envisaged to undertake hydraulic tests at selected boreholes, for which all drilling activities in the Peninsula Aquifer must be on hold and all boreholes drilled so far must be sealed off in accordance with section 6. For this reason, provision is made in the contract for a “stop gap”, whereby the Engineer will instruct the Contractor to cease all drilling operations for a period of time (likely to be four to six months). Notification to cease drilling operations will be given at least 14 days prior to the need to cease the operations.

The Contractor will be allowed during this stop gap period to leave all equipment on site, or to utilise the equipment at other projects, until such time as the Engineer instructed the re-commencement of works. The Contractor shall re-commence work within 28 days after receiving the Engineer’s instruction.

16.2 Measurement and payment

The stop gap will be measured per calendar week. Separate items will be scheduled to cover the cost of de-establishing and re-establishing the drill rigs on site. The rate tendered for the stop gap shall include for all additional costs and profits required due to the delay.

17 STRAIGHTNESS TEST

17.1 Description

All boreholes shall be drilled and cased straight and vertical and all casings and liners shall be set round, plumb and true to line. Plumbness and alignment shall be tested by lowering into the borehole, to a depth directed by the Engineer, a section of pipe 10 m long or a dummy of the same length. The outer diameter of the plumb shall not be more than 10 mm smaller than the diameter of that part of the casing or borehole being tested. The Engineer shall have the right to reject any or all drilling or casing, which fails to meet this specification, and work and casing rejected will be replaced at the Contractor's expense.

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17.2 Measurement and payment

The straightness test will be measured per test, irrespective of the casing diameter and depth of test. It is envisaged that each production borehole will undergo at least one straightness test. The rate tendered for the straightness test shall include all material, equipment and tools required, as well as all labour and other incidentals necessary for the execution of the works as specified herein.

No standing time will be paid for the duration of the test.

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STANDARD SPECIFICATIONS FOR GEOPHYSICAL LOGGING WORK (SPEC X)

1 ESTABLISHMENT OF EQUIPMENT

1.1 Description

This subsection addresses the establishment of geophysical logging equipment in the project area, including ancillary equipment and materials necessary to undertake the work and successfully complete the Contract.

The equipment shall be regarded as a self-contained unit, properly mounted and in full working order, together with all ancillary equipment (sondes, winches, cabling and other accessories) needed to execute the required work properly and efficiently.

1.2 Measurement

The establishment will be measured as a sum for mobilising the equipment to the project area and setting it up at the first borehole.

1.3 Payment

The price tendered and specified for establishment shall include full compensation for the supply and transport of the equipment, materials, tools and accessories needed for its operation, to and from the project area at the start and end of the contract respectively.

The Contractor will be entitled to claim sixty per cent (60 %) of the price tendered at the start of the contract, and the balance (40 %) following completion/termination of the contract.

2 SET UP AT EACH BOREHOLE

2.1 Description

This subsection addresses the set up of geophysical logging equipment, including ancillary equipment and materials, at each borehole subsequent to the first. The equipment shall be regarded as a self-contained unit, properly mounted and in full working order, together with all ancillary equipment (sondes, winches, cabling and other accessories) needed to execute the required work properly and efficiently.

2.2 Measurement

The set up will be measured as a rate per borehole. Transport in excess of 1 km between borehole sites will be measured extra-over per kilometre.

2.3 Payment

The price tendered and specified for set up shall include full compensation for the supply and transport of the equipment, materials, tools and accessories needed for its operation.

Extra-over payment will be made per kilometre for transporting of equipment between borehole sites located further than 1 km apart.

3 GEOPHYSICAL LOGGING

3.1 Description

This subsection addresses the geophysical logging of core exploration boreholes and wide-diameter percussion drilled boreholes.

It is anticipated that measurements will need to be undertaken both during drilling operations, in which case drilling will be interrupted and access to the borehole made available for the logging equipment, and after the borehole is completed.

The Contractor must ensure that all the required equipment to undertake the measurements, as specified below, is readily available on site when required.

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The following measurements (tools/sondes) will be required for the work:

3-arm calliper Gamma ray Dual Compensated Density Full Waveform Sonic Multi-Channel P-Wave Sonic Acoustic or Optical Televiewer / Borehole Verticality Fluid conductivity, pH, temperature, dissolved oxygen, redox potential and pressure Focused Electric (resistivity) Magnetic Susceptibility Fluid flowmeter Neutron

The equipment must be capable of passing through an N size rotary core borehole to a depth ofat least 750 m.

3.2 Measurement

The work will be measured as a rate per metre for each of the tools/sondes listed in subsection 3.1.

3.3 Payment

The price tendered and specified for logging shall include full compensation for the supply and operation of the equipment, as well as for insurance cover of tools/sondes lost in a borehole. The Contractor will be entitled to claim for standing time for the drill rig where geophysical logging interrupts drilling operations on the instruction of the Engineer.

4 DATA PROCESSING AND REPORTING

4.1 Description

All the required reports must be completed by the Contractor as specified. Reports will include full colour broad format plots of the logging results for each run of the tools/sondes listed in subsection 3.1. The data will also be provided in digital format on a CD, together with a bitmap image of each of the plots.

4.2 Measurement

Data capture and standard processing to prepare plots of each logging run will be measured as a rate per borehole. Additional processing such as the picking of orientated fractures and polar plots will be measured as rate per metre picked. The provision of hard copy data plots will be measured per complete set for each borehole logged. The capture and provision of digital data on CD shall be measured as a sum.

4.3 Payment

The price tendered and specified for data processing and reporting shall include full compensation for all materials used and supplied.

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STANDARD SPECIFICATIONS FOR HYDRAULIC TESTING (SPEC Y)

1 ESTABLISHMENT OF PUMP RIG(S) AND ANCILLARY EQUIPMENT IN THE PROJECT AREA

1.1 Description

This subsection addresses the establishment in the project area of pump rig(s), ancillary equipment and materials necessary to undertake the work and successfully complete the Contract. It includes the dismantling and removal of the pump rig(s) and ancillary equipment and materials following completion of the project or termination of the contract, whichever comes first.

A pump rig shall be regarded as a machine of the required type, properly mounted and in full working order, together with all ancillary equipment (compressors, pumps, tools and other accessories) needed to execute the required work properly and efficiently.

It is anticipated that the required pump rigs will be two (2) rigs with a pump capacity of 2 – 10 l/s, two (2) rigs with a pump capacity of 10 – 35 ℓ/s and or two (2) rigs with a capacity of > 35 ℓ/s. Should additional rigs be required, written approval from the Engineer shall be obtained before establishment of each additional rig.

In addition to a pump rig as described above, it is anticipated that a test unit for artesian flow testing will be required.

1.2 Measurement

The quantity to be paid for the establishment of pump rig(s) in the project area shall be made according to the number of rigs employed by the Contractor for the work as indicated in the Schedule of Rates, and certified by the Engineer in writing following their deployment to a work site. The artesian flow test unit is not considered a separate pump rig.

1.3 Payment

The price tendered and specified for each pump rig shall include full compensation for the supply and transport of the rig and all accompanying equipment, materials, tools and accessories needed for its operation, to and from the project area at the start and end of the contract respectively. Payment shall distinguish between the different types of pump rig as indicated in the Schedule of Rates.

The Contractor will be entitled to claim sixty per cent (60 %) of the price tendered for each pump rig established in the project area at the start of the contract, and the balance (40 %) following completion/termination of the contract.

2 SET UP AND REMOVAL OF PUMP RIG AT EACH BOREHOLE

2.1 Description

This subsection addresses the setting up of individual pump rigs at each work site, and their subsequent removal after completion of the testing. The rates tendered shall be deemed to include for the access of personnel and transport to and the subsequent removal of labour, plant or any other incidentals necessary for the operations from each borehole position. Distinction shall be made between the size of pump rig used at each borehole.

The type of rig to be employed at any borehole shall define the payment rate under which the set up and removal will be made, subject to the approval of the Engineer. Should the Contractor utilize a rig type different to that specified and approved by the Engineer, payment shall be made according to the type originally specified unless the Contractor can prove that the use of the rig type originally specified was impractical.

The work area will be cleared prior to the set up and will be clearly marked. This area shall not be exceeded without prior discussion with and written approval from the Engineer.

The following shall be noted:

(a) The Contractor shall take all steps necessary to protect existing survey pegs, reference pegs, benchmarks and work area demarcation markings, and shall re-establish such at own expense should they be disturbed as a result of activities on site.

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(b) The Contractor shall be responsible for the safety of any survey beacon or benchmark encountered on site, as well as for any costs incurred in replacing damaged beacons or benchmarks, and attention is drawn to Sections 35 and 36 of the Land Survey Act (Act No. 9 of 1927, as amended) which makes the removal of any beacon or benchmark an offence and provides for the correct procedure to be adopted where moving is required.

Before pump testing commences at any hole, the Engineer’s approval of the set up of the pump rig will be required, and after completion of the hole, the rig shall not be removed without the Engineer’s approval. For this approval before and after hydraulic testing of the hole, the Contractor must allow the Engineer, except if other arrangements have been negotiated, a waiting period of 12 working hours (each) before any standing time in accordance with subsection 8 may be claimed.

2.2 Measurement

The set ups ordered by the Engineer shall be measured by number for the type of rig employed. The moving of the rig between boreholes within one km radius shall be included in the cost for the set-up. The unit of measurement for the distance moved between boreholes, by the shortest practicable route as approved by the Engineer, shall be per kilometre measured, and shall be paid extra over the set up.

2.3 Payment

The price tendered and paid for shall include the supply, transport and placement of all materials, access to the borehole by personnel, supervision, labour, plant, equipment, tools and other incidentals necessary for the preparation of each borehole site, the erection of the rig with all accessories necessary to carry out the operations required at the hole and the subsequent removal from that borehole, including the removal of all embankments, platforms and any other temporary works.

3 INSTALLATION OF PUMP AND DISCHARGE PIPE

3.1 Description

This subsection addresses the installation of the required pump in the borehole at the required depth, the installation of any measurement device and the laying out of the discharge pipe. It includes the dismantling and removal of the pump and connection of the pump to the engine and discharge pipe in a safe manner so that the work can be conducted without interruption.

The installation of the required pump in an artesian borehole requires the release of pressure by opening the shut-off valve, removing or opening the wellhead, installation of the pump at the required depth, and sealing of the wellhead to allow for recovery of artesian pressure. Sealing of the wellhead shall be to the satisfaction of the Engineer.

The discharge pipe or layflat shall be laid from the pump to a designated discharge point, normally associated with a river reach. At the beginning of the discharge pipe a flow meter shall be installed for continuous measurements of the discharge rate as approved by the Engineer. The flow meter shall preferably not be of the propeller type, but of the ultrasonic (clamp on) flow type supplied with batteries.

3.2 Measurement

The installation shall be measured by number for each borehole up to a depth of 100 m. Any installation beyond that depth, as might be required and instructed by the Engineer, shall be measured in metres and paid for extra over the installation and removal cost.

Any installation of a pump in an artesian borehole, as might be required and instructed by the Engineer, shall be measured and paid for as extra over the installation and removal cost. No standing time for recovery of artesian pressure after installation will be paid for.

The laying out of the discharge pipe shall be measured in metres, to an accuracy of 10 m. The costs for provision and installation of the flow meter and other discharge measuring equipment shall be measured separately from the cost for the discharge pipe.

3.3 Payment

The price tendered for the installation and removal of the pump shall be deemed to cover all labour, materials and plant associated with successfully completing the work.

The price tendered for the supply and installation of layflat pipes and flow meters shall be deemed to cover all labour, materials and plant associated with successfully completing the work.

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4 HYDRAULIC TESTING

4.1 Description

Test-pumping is to comprise step-drawdown, constant discharge and recovery tests. The specifications will be detailed per test, but the following is envisaged for all percussion drilled boreholes:

A minimum of 5 x 60 minute steps with subsequent recovery. The duration of the steps might be longer in specific circumstances. The discharge rate of the last step (highest rate) must be chosen in such a matter that the water level does not reach the pump inlet.

A standard Constant Discharge (CD) test (minimum 72 hours) with subsequent recovery to establish aquifer parameters and borehole yield. The discharge rate will be given by the Engineer prior to commencing the test.

A long-term Constant Discharge (CD) test (approximately 2 to 4 weeks) with delivery of the water into the distribution system to evaluate the long-term behaviour of the aquifer and boundary effects. The discharge rate will be given by the Engineer prior to commencing the test.

The step tests and/or constant discharge tests may be terminated by the Engineer should the water level reach the pump inlet during any of the tests or for any reasons deemed necessary by the Engineer. The constant discharge test will be started at a time specified by the Engineer. No standing time will be payable for recovery periods.

The recovery test is to commence immediately following completion of both the step test and the constant discharge test. In all boreholes, recovery will be measured until full recovery is achieved after the constant discharge tests. Where recovery has not yet reached the original rest water level after a period equal in length to that of pumping, then recovery will be measured until a level within 5% of the pre-test rest water level is achieved.

Pumps must be provided for the lower yield testing with discharge capacities ranging from 2 ℓ/s to 35 ℓ/s. The pumps used for the high yield testing must have discharge capacities ranging from 10 ℓ/s and 60 ℓ/s. Conduit or other suitable piping not exceeding 20 mm in diameter is to be installed with the pump column to facilitate dipmeter measurements of water levels by the Contractor during these tests.

All discharge from the pump is to be piped into specified river reaches or as advised on site by the Engineer. The pump outlet must be connected to a discharge pipe of appropriate length, depending on the situation of the test site, the selected discharge site and the duration of the test.

Water samples shall be collected by the Contractor in the manner prescribed by the Engineer on site. The Contractor must ensure whilst testing that regular checks of Electrical Conductivity (EC), Temperature (T) and pH are undertaken to monitor the water quality. At least three water samples must be taken during the Constant Discharge (CD) Test. These must be taken after the first hour of pumping, in the middle of the CD test or at a time specified by the Engineer on site, and immediately before the pump is switched off at the end of the CD test. Should the EC, Temperature or pH vary by more than 10% during the course of a pump test, the Contractor must collect a water sample and note the time at sample collection, the minutes since the test began, the current discharge rate, the water level and any additional information specified by the Engineer on site. The water sample bottles are to be clearly labelled using an indelible waterproof pen and listing the borehole identification number as provided by the Engineer, the date and the time of sample collection.

Water level measurements in the abstraction borehole and pump discharge rates are to be measured by the Contractor at time intervals as specified by the Engineer, on the prescribed forms. Failure to comply with the Specifications may result in abandonment of tests at the expense of the Contractor.

4.2 Measurement and payment

The test pumping and recovery shall be measured and paid by duration in hours and or days and shall include all material and personnel required to undertake the pumping and the measurements.

5 ARTESIAN FLOW TEST

5.1 Description

The artesian exploration boreholes will be tested through flow tests utilizing the artesian pressure in the aquifer. The tests comprise a step test of a minimum of 4 steps of 120 minutes each at different hydraulic heads between 5 bar and 0 bar (valve fully open). The hydraulic head in the borehole shall be measured with a pressure gauge and kept constant for the duration of each step via a throttling valve. The varying flow rate shall be measured with a flow meter.

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The last step shall be extended for at least one week, after which the borehole shall be shut-in and the recovery in artesian pressure shall be recorded. Automatic digital recording devices shall be employed for both the artesian pressure and the flow rate. The equipment shall be approved by the Engineer.

5.2 Measurement and payment

The flow testing and recovery shall be measured and paid by duration in hours and or days and shall include all material and personnel required to run the tests and undertake the measurements.

6 WATER LEVEL MEASUREMENTS IN SURROUNDING BOREHOLES

6.1 Description

The water levels in selected surrounding boreholes shall be measured during the constant rate tests and recovery tests. Depending on the distance of the monitoring boreholes to the abstraction borehole, automatic digital recording devices should be employed, if not already installed. The equipment shall be approved by the Engineer.

6.2 Measurement and payment

The water level measurements shall be measured by duration in hours or days per monitoring borehole and shall include all material and personnel required to undertake the measurements. Payment shall distinguish between manual and automated measurements.

7 REPORTING AND DATA DELIVERY

7.1 Description

All the required reports must be completed by the Contractor as specified. Reports include the Daily Pump Test Data Record and the Water Sample Information Sheets. All measurements recorded in field sheets shall be typed in a report format and provided in both hardcopy printout and electronic/digital format.

7.2 Measurement and payment

The data capturing and provision of digital data shall be measured and paid by number of boreholes tested and shall include all material and personnel required to undertake the work.

8 STANDING TIME OF PUMPING TEST RIG

8.1 Description

Should the Contractor at any time during the Contract period be required to discontinue work on instruction of the Engineer pending the issue of instructions, approval or decisions by the Engineer, and to the extent that the Contractor’s workers and equipment cannot be otherwise usefully employed, he shall be entitled to compensation for such time lost during normal working hours. Standing time shall only be in respect of major units of equipment such as pumping test rigs.

It is stressed that standing time during normal working hours is only applicable should the work be stopped on instruction of the Engineer, or where decisions are being awaited from the Engineer. Where this can be foreseen, it shall be expected of the Contractor to notify the Engineer one full working day ahead that he will require instructions, approval or other decisions at a certain time. Without such prior notice, no standing time compensation shall be considered. In emergency instances where a decision can only be made once the Engineer has visited the site, the Contractor will not be entitled to claim standing time for the first 12 working hours after notifying the Engineer. No claim will be permitted for standing time due to inclement or abnormal weather conditions.

8.2 Measurement

Standing time shall only be measured for payment of periods in excess of one hour. The actual measurement will be made for the full period during which standing time was agreed for any specific unit of plant measured to the nearest hour.

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8.3 Payment

The price tendered for each hour of standing time shall include full compensation for all revenue lost and any costs whatsoever thus incurred. Only claims for standing time which falls within the specifications of this subsection shall be paid for.

No standing time shall be payable if the work is stopped by the Engineer for the purpose of requiring the Contractor to make necessary repairs to his equipment, to make good unsatisfactory work or to provide proper alternative equipment or workmen.

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STANDARD SPECIFICATIONS FOR CLEANING AND REHABILITATION OF BOREHOLES (SPEC Z)

1 ESTABLISHMENT OF DRILL/PUMP RIG(S) AND ANCILLARY EQUIPMENT IN THE PROJECT AREA

1.1 Description

This subsection addresses the establishment in the project area of drill or pump rig(s), ancillary equipment and materials necessary to undertake the work and successfully complete the Contract. It includes the dismantling and removal of the rig(s) and ancillary equipment and materials following completion of the project or termination of the contract, whichever comes first.

A required rig shall be regarded as a machine of the required type, properly mounted and in full working order, together with all ancillary equipment (compressors, pumps, tools and other accessories) needed to execute the required work properly and efficiently.

It is anticipated that the required rigs will be one (1) drill rig with airlift capacity of 20 bar and/or one (1) pump rig with a pump capacity of > 10 ℓ/s. Should additional rigs be required, written approval from the Engineer shall be obtained before establishment of each additional rig.

1.2 Measurement

The quantity to be paid for the establishment of rig(s) in the project area shall be made according to the type and number of rigs employed by the Contractor for the work as indicated in the Schedule of Rates, and certified by the Engineer in writing following their deployment to a work site.

1.3 Payment

The price tendered and specified for each rig shall include full compensation for the supply and transport of the rig and all accompanying equipment, materials, tools and accessories needed for its operation, to and from the project area at the start and end of the contract respectively. Payment shall distinguish between the different types of drill/pump rig as indicated in the Schedule of Rates.

The Contractor will be entitled to claim sixty per cent (60 %) of the price tendered for each pump rig established in the project area at the start of the contract, and the balance (40 %) following completion/termination of the contract.

2 SET UP AND REMOVAL OF RIG AT EACH BOREHOLE

2.1 Description

This subsection addresses the setting up of individual drill/pump rigs at each work site, and their subsequent removal after completion of the testing. The rates tendered shall be deemed to include for the access of personnel and transport to and the subsequent removal of labour, plant or any other incidentals necessary for the operations from each borehole position. Distinction shall be made between the type and size of rig used at each borehole.

The type of rig to be employed at any borehole shall define the payment rate under which the set up and removal will be made, subject to the approval of the Engineer. Should the Contractor utilize a rig type different to that specified and approved by the Engineer, payment shall be made according to the type originally specified unless the Contractor can prove that the use of the rig type originally specified was impractical.

The work area will be cleared prior to the set up and will be clearly marked. This area shall not be exceeded without prior discussion with and written approval from the Engineer.

The following shall be noted:

(c) The Contractor shall take all steps necessary to protect existing survey pegs, reference pegs, benchmarks and work area demarcation markings, and shall re-establish such at own expense should they be disturbed as a result of activities on site.

(d) The Contractor shall be responsible for the safety of any survey beacon or benchmark encountered on site, as well as for any costs incurred in replacing damaged beacons or benchmarks, and attention is drawn to Sections 35 and 36 of the Land Survey Act (Act No. 9 of 1927, as amended) which makes the removal of any beacon or benchmark an offence and provides for the correct procedure to be adopted where moving is required.

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Before cleaning and rehabilitation commences at any hole, the Engineer’s approval of the set up of the rig will be required, and after completion of the hole, the rig shall not be removed without the Engineer’s approval. For this approval before and after the works, the Contractor must allow the Engineer, except if other arrangements have been negotiated, a waiting period of 12 working hours (each) before any standing time in accordance with subsection 8 may be claimed.

2.2 Measurement

The set ups ordered by the Engineer shall be measured by number for the type of rig employed. The moving of the rig between boreholes within one km radius shall be included in the cost for the set-up. The unit of measurement for the distance moved between boreholes, by the shortest practicable route as approved by the Engineer, shall be per kilometre measured, and shall be paid extra over the set up.

2.3 Payment

The price tendered and paid for shall include the supply, transport and placement of all materials, access to the borehole by personnel, supervision, labour, plant, equipment, tools and other incidentals necessary for the preparation of each borehole site, the erection of the rig with all accessories necessary to carry out the operations required at the hole and the subsequent removal from that borehole, including the removal of all embankments, platforms and any other temporary works.

3 INSTALLATION OF EQUIPMENT

3.1 Description

This subsection addresses the installation of the required equipment at in the borehole. This shall include installation of the pump or cleaning tool at the required depth, the installation of any measurement device and the laying out of the discharge pipe. It includes the dismantling and removal of the pump and connection of the pump to the engine and discharge pipe in a safe manner so that the work can be conducted without interruption.

The discharge pipe or layflat shall be laid from the pump to a tank to collect the discharged water for disposal at a registered disposal facility. At the beginning of the discharge pipe a flow meter shall be installed for continuous measurements of the discharge rate as approved by the Engineer. The flow meter shall preferably not be of the propeller type, but of the ultrasonic (clamp on) flow type supplied with batteries.

3.2 Measurement

The installation shall be measured by number for each borehole up to a defined depth. Any installation beyond that depth, as might be required and instructed by the Engineer, shall be measured in metres and paid for extra over the installation and removal cost.

The laying out of the discharge pipe shall be measured in metres, to an accuracy of 10 m. The costs for provision and installation of the flow meter and discharge collector tank shall be measured separately from the cost for the discharge pipe.

3.3 Payment

The price tendered for the installation and removal of the pump shall be deemed to cover all labour, materials and plant associated with successfully completing the work.

The price tendered for the supply and installation of layflat pipes and flow meters shall be deemed to cover all labour, materials and plant associated with successfully completing the work.

4 MECHANICAL BOREHOLE CLEANING

4.1 Description

This subsection addresses the mechanical cleaning of boreholes, which could comprise re-drilling through collapsed rocks or material dumped into the borehole, high-pressure cleaning of borehole wall and or casing and brushing of casing.

4.2 Measurement and payment

The mechanical cleaning shall be measured and paid by duration in hours and shall include all material and personnel required to undertake the works and removal of debris through pumping or airlifting.

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The re-drilling shall be measured and paid by metres drilled, depending upon drilling diameter employed.

5 CHEMICAL BOREHOLE CLEANING

5.1 Description

This subsection addresses the chemical cleaning of boreholes through application of specific chemicals such as sulphamic acid and special agents.

5.2 Measurement and payment

The chemical cleaning shall be measured and paid by the amount of chemicals used and the duration in hours and shall include all material and personnel required to undertake the works and removal of chemicals and debris through pumping.

The collection and disposal of abstracted water shall be measured and paid by the volume in cubic metres.

6 BOREHOLE CAMERA AND PROFILING

6.1 Description

The inspection of the borehole prior to and after the cleaning shall be carried out using a down-hole camera, water quality multisonde and down-hole flow meter, as instructed by the Engineer. The down-hole camera shall be able to view and record images from the borehole facing downwards and sidewards against the borehole wall. The equipment shall be approved by the Engineer.

6.2 Measurement and payment

The down-hole survey shall be measured by length of the borehole section investigated in metres. Moving several times over the same section to get optimal imagery and measurements will not be paid extra. Payment shall distinguish between the type of survey.

7 REPORTING AND DATA DELIVERY

7.1 Description

All the required reports must be completed by the Contractor as specified. Reports include the Daily Pump Test Data Record and the Water Sample Information Sheets. All measurements recorded in field sheets shall be typed in a report format and provided in both hardcopy printout and electronic/digital format.

7.2 Measurement and payment

The data capturing and provision of digital data shall be measured and paid by number of boreholes tested and shall include all material and personnel required to undertake the work.

8 STANDING TIME OF RIG

8.1 Description

Should the Contractor at any time during the Contract period be required to discontinue work on instruction of the Engineer pending the issue of instructions, approval or decisions by the Engineer, and to the extent that the Contractor’s workers and equipment cannot be otherwise usefully employed, he shall be entitled to compensation for such time lost during normal working hours. Standing time shall only be in respect of major units of equipment such as pumping test rigs.

It is stressed that standing time during normal working hours is only applicable should the work be stopped on instruction of the Engineer, or where decisions are being awaited from the Engineer. Where this can be foreseen, it shall be expected of the Contractor to notify the Engineer one full working day ahead that he will require instructions, approval or other decisions at a certain time. Without such prior notice, no standing time compensation shall be considered. In emergency instances where a decision can only be made once the Engineer has visited the site, the Contractor will not be entitled to claim standing time for the first 12 working hours after notifying the Engineer. No claim will be permitted for standing time due to inclement or abnormal weather conditions.

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8.2 Measurement

Standing time shall only be measured for payment of periods in excess of one hour. The actual measurement will be made for the full period during which standing time was agreed for any specific unit of plant measured to the nearest hour.

8.3 Payment

The price tendered for each hour of standing time shall include full compensation for all revenue lost and any costs whatsoever thus incurred. Only claims for standing time which falls within the specifications of this subsection shall be paid for.

No standing time shall be payable if the work is stopped by the Engineer for the purpose of requiring the Contractor to make necessary repairs to his equipment, to make good unsatisfactory work or to provide proper alternative equipment or workmen.

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CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.7 AnnexesCONTENTS

Annex 1: Monthly Project Labour Report

Annex 2: B-BBEE Sub-Contract Expenditure Report

Annex 3: Joint Venture Expenditure Report Annex 4: Targeted Labour Contract Participation Expenditure Report

Annex 5: Targeted Enterprises Contract Participation Expenditure Report

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ANNEX 1

General Jobseeker Database Reference Number1 The Monthly Project Labour Reports must be completed in full, using typed, capital letter 9 Unique number generated by Jobseekers system to confirm w orkers w ere sourced from

characters; alternatively, should a computer not be available, handw ritten in black ink. the Jobseekers database operated by Subcouncils2 Incomplete / incorrect / illegible forms w ill not be accepted. New workers: Training; Reporting Threshold3 Any conditions relating to targeted labour stipulated in the Contract (in the case of 10 A new w orker is one in respect of w hich a new employment contract is signed in the

contracted services / w orks) shall apply to the completion and submission of these forms. current month.4 This document is available in Microsoft Excel format upon request from the City's EPWP 11 Refers to w ork days only. Formal accredited Training / Non-accredited training that does not

off ice, tel 021 400 9406 or email EPWPLR@capetow n.gov.za. form part of on-the -job training must be excluded from this entry

Project Details 12 All formal accredited / non-accredited training that does not form part of on-the-job training5 If a f ield is not applicable insert the letters: NA 13 Workers earning more than the maximum daily rate (Reporting Threshold)6 Either a Contract (in the case of contracted out services or w orks) or a Works Project (in the (currently R350 excluding any benefits) shall not be reflected on this form at all.

case of direct employment by the City) name and number must be inserted. The name of the Submission of Formscontract or w orks project may be abridged if necessary. In the case of term tenders the 14 Signed hardcopy forms must be scanned and submitted to the City's project manager in contract name and number must ref lect the term tender as advertised. electronic (.pdf) format, together w ith the completed form in Microsoft Excel format.

7 On completion of the contract or w orks project the anticipated end date must be updated to 15 Scanned copies of all applicable supporting documentation must be submitted along w ith ref lect the actual end date. each monthly project labour report. Copies of employment contracts and Certified ID documents are

Workers Details and Work Information only required in respect of new w orkers.8 Care must be taken to ensure that w orker details correspond accurately w ith the 16 If a computer is not available hardcopy forms and supporting documentation w ill be accepted.

w orker's ID document of w hich a Certified copy must be kept for reporting. 17 Failure to adhere to reporting requirements may result in the w ithholding of payment; penalties being applied or both

Numbers in cells below e.g (6) refer to the relevant instruction above for completing and submitting forms

CONTRACT OR WORKS CONTRACT OR WORKS

PROJECT NAME: (6) PROJECT NUMBER: (6)

DIRECTORATE: DEPARTMENT:

CONTRACTOR OR CONTRACTOR OR VENDOR

VENDOR NAME: E-MAIL ADDRESS:

CONTRACTOR OR VENDOR CONTRACTOR OR VENDOR −CONTACT PERSON: TEL. NUMBER: −

ACTUAL START DATE (yyyy/mm/dd) ANTICIPATED / ACTUAL END DATE (yyyy/mm/dd) (7)

TOTAL PROJECT EXPENDITURE / VALUE OF WORK DONE TO-DATE (INCLUDING ALL COSTS, BUT EXCLUDING VAT)

2AUG

02

OCT DEC 0YEAR (insert last 2 digits)

CITY OF CAPE TOWNMONTHLY PROJECT LABOUR REPORT

PROJECT LABOUR REPORT CURRENT MONTH (mark w ith "X")

CELLWORK

Instructions for completing and submitting this form

PROJECT DETAILS

JUL SEP NOVJAN FEB MAR MAYAPR JUN

2 0

R −

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ANNEX 1 (continued) MONTHLY PROJECT LABOUR REPORT

Year Monthof

(8) (8) (8) (9) (10) (11) (12) (13)

No. First name Surname ID numberJobseeker Database Reference Number

New Worker

(Y/N)

Gender (M/F)

Disabled (Y/N)

No of days worked this month (excl.

training)

No of training days this

month (w ith stipend)

Rate of pay per day (R – c)

123456789

1011121314151617181920

0 0 -R

Name

Date

Name

DateSignature

Signature

Received by Employer's Agent Project Manager/

Representative:

WORKER DETAILS AND WORK INFORMATION

CONTRACT OR WORKS PROJECT NUMBER:

Declared by Contractor or Vendor to be true and correct:

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ANNEX 2 CITY OF CAPE TOWN

CONTRACT NO. AND NAME:

CONTRACTOR:

B-BBEE SUB-CONTRACT EXPENDITURE REPORT BASED ON PAYMENT CERTIFICATE NO. ..............................

Value of the contract (as defined inthe Preference Schedule) (P*) R B-BBEE Status Level of Prime Contractor

Name of Sub-contractor(list all)

B-BBEE Status Level of Sub-contractor1

Total value of Sub-contract (excl. VAT)1

Value of Sub-contract work to date(excl. VAT)1

Value of Sub-contract work to Sub-contractors with a lower B-BBEE Status Level than Prime

Contractor

Sub-contractor A R R R

Sub-contractor B R R R

Sub-contractor C R R R

1Documentary evidence to be provided Total: R

Expressed as a percentage of P* %

Signatures

Declared by Contractor to be true and correct: Date:

Verified by Employer’s Agent / Representative:

Date:

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ANNEX 3 CITY OF CAPE TOWN

CONTRACT NO. AND NAME:

CONTRACTOR:

JOINT VENTURE EXPENDITURE REPORT BASED ON PAYMENT CERTIFICATE NO. ..............................

Value of the contract (as defined inthe Preference Schedule) (P*) R B-BBEE Status Level of Joint Venture

Name of Joint Venture partner(list all)

B-BBEE Status Level of each JV partner as at contract award

Percentage contribution of JV partner per JV

Agreement1

A

Total value of JV partner’s contribution (excl. VAT)1

B = A% x P*

Value of JV partner’s contribution to date

(excl. VAT)1

C

Value of JV partner’s contribution as a percentage of the work

executed to dateD = C/P*x100

JV Partner A % R R %

JV Partner B % R R %

JV Partner C % R R %

1Documentary evidence to be provided

Signatures

Declared by Contractor to be true and correct: Date:

Verified by Employer’s Agent / Representative Date:

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345

ANNEX 4 CITY OF CAPE TOWN

CONTRACT NO. AND NAME:

CONTRACTOR:

TARGETED LABOUR CONTRACT PARTICIPATION EXPENDITURE REPORT BASED ON CERTIFICATE NO. ..............................

Value of the contract (as defined in the Preference Schedule) (P*) R Specified Targeted Labour Contract Participation Goal %

Name of Contractor/Sub-contractor(list all)

Total previous expenditure on wages in respect of targeted labour

Net Amount for this month1 Total expenditure on wages in respect of targeted labour

Contractor R R R

Sub-contractor A R R R

Sub-contractor B R R R

1Documentary evidence to be provided Total: R

Expressed as a percentage of P* %

Signatures

Declared by Contractor to be true and correct: Date

Verified by Employer’s Agent / Representative

Date

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346

ANNEX 5 CITY OF CAPE TOWN

CONTRACT NO. AND NAME:

CONTRACTOR:

TARGETED ENTERPRISES CONTRACT PARTICIPATION EXPENDITURE REPORT BASED ON CERTIFICATE NO. ..............................

Value of the contract (as defined in the Preference Schedule) (P*) R Specified Targeted Enterprises Contract Participation Goal %

Name of targeted enterprise(list all)

Total previous expenditure (excl. VAT) to targeted enterprises

Net Amount for this month1 Total expenditure (excl. VAT) to targeted enterprises

Targeted Enterprise A R R R

Targeted Enterprise B R R R

Targeted Enterprise C R R R

1Documentary evidence to be provided Total: R

Expressed as a percentage of P* %

Signatures

Declared by Contractor to be true and correct: Date

Verified by Employer’s Agent/Employer’s Agent’sRepresentative: Date

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347

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C3.8 DrawingsFigure 1:Shallow drilling in TMG Aquifers in the CCT Metropole (Section 1)

Figure 2: Shallow and deep drilling in TMG Aquifers outside the CCT Metropole (Sections 1 and 2)

Figure 3:Horizontal drilling in TMG Aquifers (Section 3)

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Figure 1: Shallow drilling in TMG Aquifers in CCT Metropole (Section 1)

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Figure 2: Shallow and Deep drilling in TMG Aquifer outside of CMA (Sections 1 and 2)

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Figure 3: Horizontal drilling (Section 3)

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Part C4: Site information

Pages

C4 Site information.............................................................................353

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352

CITY OF CAPE TOWN

WATER AND SANITATION

CONTRACT NO. 19Q/2018/19

TERM TENDER FOR THE DRILLING AND TESTING OF HORIZONTAL AND DEEP PRODUCTION BOREHOLES IN THE TMG AQUIFER

C4 Site InformationCONTENTS

1. GENERAL

2. WORKS PROJECTS

1. GENERAL

The sites for the Works are those areas which may be identified within the City of Cape Town municipal and surrounding (Grabouw, Villiersdorp and Franschhoek) areas in which Works Projects are to be executed.

2. WORKS PROJECTS

Site specific information will be specified, as required, in the Works Project contract document for a particular Works Project.

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